TRIBUNAL TUNTUTAN PEMBELI RUMAH 1. ) RJ REALTY SDN. BHD. 2. ) Tiong Kwong Ngon

TRIBUNAL TUNTUTAN PEMBELI RUMAH 1. ) RJ REALTY SDN. BHD. 2. ) Tiong Kwong Ngon

Court of Appeal allowed the appeals, holding Sarawak housing legislation is social legislation to be construed purposively; collection of booking fees outside the statutory SPA is prohibited and where booking fees were paid the date for calculation of LAD runs from the booking payment date (treated as part-payment...

Source-derived case information.

Citation
Q-01(A)-176-03/2022 (Mahkamah Rayuan)
Parties
Appellant: Anna Chin Kui Len; 1st Respondent: RJ Realty Sdn. Bhd.; 2nd Respondent / Appellant: Tribunal Tuntutan Pembeli Rumah (Tribunal for Housing Purchaser Claims); Appellant: Liew Khing Ann; Appellant: Tiong Kwong Ngon
Court
A
Jurisdiction
Malaysia
Judgment Date
17 August 2023
Case Number
Q-01(A)-176-03/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeals From High Court Judicial Review / Court of Appeal Judgment (hearing Concluded; Judgment Delivered)
Outcome
Appeals allowed; High Court order set aside in part; cross-appeals dismissed
Legal Topics
Judicial Review, Liquidated Ascertained Damages, Statutory Interpretation, Tribunal Jurisdiction, Booking Fees Prohibition
Administrative Law Contract Law Housing Law Civil Procedure Judicial Review Liquidated Ascertained Damages Statutory Interpretation Tribunal Jurisdiction +1 more

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Parties

Anna Chin Kui Len

Appellant

RJ Realty Sdn. Bhd.

1st Respondent

Tribunal Tuntutan Pembeli Rumah (Tribunal for Housing Purchaser Claims)

2nd Respondent / Appellant

Liew Khing Ann

Appellant

Tiong Kwong Ngon

Appellant

Procedural Posture

Civil Appeals From High Court Judicial Review / Court of Appeal Judgment (hearing Concluded; Judgment Delivered)

Legal Issues

  1. 1 Whether Sarawak Housing Development (Control and Licensing) Ordinance 2013 is social legislation requiring purposive construction
  2. 2 Whether calculation of liquidated ascertained damages (LAD) runs from date of payment of booking fee or from date of Sale and Purchase Agreement (SPA)
  3. 3 Whether payment of booking fee constitutes an option to purchase or is part-payment triggering statutory protections

Ratio Decidendi

Court of Appeal allowed the appeals, holding Sarawak housing legislation is social legislation to be construed purposively; collection of booking fees outside the statutory SPA is prohibited and where booking fees were paid the date for calculation of LAD runs from the booking payment date (treated as part-payment and effective SPA date); Tribunal did not exceed jurisdiction and its awards stand (with a variation in computation for Appeal 176); cross-appeals by developer were incompetent or without merit and were dismissed.

Court Disposition

Appeals allowed; High Court order set aside in part; cross-appeals dismissed

Orders

  • Set aside High Court order dated 24 March 2022 insofar as it quashed Tribunal awards on LAD calculation
  • Allow the five main appeals and reinstate Tribunal awards calculating LAD from date of booking fee payment