TRIBUNAL FOR HOUSING PURCHASER CLAIMS 1. ) RJ REALTY SDN. BHD. 2. ) LIEW KHING ANN

TRIBUNAL FOR HOUSING PURCHASER CLAIMS 1. ) RJ REALTY SDN. BHD. 2. ) LIEW KHING ANN

Court of Appeal allowed the appeals and set aside the High Court quashing of Tribunal awards: Sarawak HDO 2013/HDR 2014 is social legislation to be construed purposively; Regulation 9(4) prohibits collection of payments except under the prescribed SPA so payment of booking fees prior to SPA constitutes the operative date for the contract for LAD purposes; therefore LAD is calculated from date of booking fee payment; Tribunal acted within jurisdiction and its awards were not tainted by jurisdictional error; developer cross-appeals were incompetent or without merit and dismissed.

Citation
Q-01(A)-221-04/2022 (Mahkamah Rayuan)
Parties
Appellant: Anna Chin Kui Len; Appellant: Liew Khing Ann; Appellant: Tiong Kwong Ngon; First Respondent: RJ Realty Sdn. Bhd.; Second Respondent / Appellant in Separate Appeals: Tribunal Tuntutan Pembeli Rumah (Sarawak)
Court
A
Jurisdiction
Malaysia
Judgment Date
17 August 2023
Case Number
Q-01(A)-221-04/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeals From Judicial Review of Tribunal Awards / Court of Appeal Judgment (appeals Heard and Judgment Delivered 22 August 2024)
Outcome
Main appeals allowed; High Court order set aside in part; cross-appeals by developer dismissed
Legal Topics
Liquidated Ascertained Damages, Booking Fees, Jurisdiction of Tribunal, Social Legislation, Judicial Review, Sale and Purchase Agreement
Source Language
Malay/English
Administrative Law Contract Law Housing Law Statutory Interpretation Liquidated Ascertained Damages Booking Fees Jurisdiction of Tribunal Social Legislation +2 more

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Parties

Anna Chin Kui Len

Appellant

Liew Khing Ann

Appellant

Tiong Kwong Ngon

Appellant

RJ Realty Sdn. Bhd.

First Respondent

Tribunal Tuntutan Pembeli Rumah (Sarawak)

Second Respondent / Appellant in Separate Appeals

Procedural Posture

Civil Appeals From Judicial Review of Tribunal Awards / Court of Appeal Judgment (appeals Heard and Judgment Delivered 22 August 2024)

Legal Issues

  1. 1 Whether Sarawak Housing Development (Control and Licensing) Ordinance 2013 is social legislation requiring protective construction
  2. 2 Whether LAD for late delivery is calculated 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/contrary to statutory scheme

Ratio Decidendi

Court of Appeal allowed the appeals and set aside the High Court quashing of Tribunal awards: Sarawak HDO 2013/HDR 2014 is social legislation to be construed purposively; Regulation 9(4) prohibits collection of payments except under the prescribed SPA so payment of booking fees prior to SPA constitutes the operative date for the contract for LAD purposes; therefore LAD is calculated from date of booking fee payment; Tribunal acted within jurisdiction and its awards were not tainted by jurisdictional error; developer cross-appeals were incompetent or without merit and dismissed.

Court Disposition

Main appeals allowed; High Court order set aside in part; cross-appeals by developer dismissed

Orders

  • High Court order dated 24 March 2022 set aside insofar as it quashed Tribunal awards on LAD computation
  • Tribunal awards reinstated: LAD to be calculated from date of payment of booking fees as per Tribunal awards (subject to variation in Appeal 176)