TRIBUNAL TUNTUTAN PEMBELI RUMAH 1. ) RJ REALTY SDN. BHD. 2. ) Liew Khing Ann

TRIBUNAL TUNTUTAN PEMBELI RUMAH 1. ) RJ REALTY SDN. BHD. 2. ) Liew Khing Ann

The Court of Appeal held the Sarawak HDO 2013 and Sarawak HDR 2014 are social legislation to be construed purposively; collection of booking fees outside the prescribed SPA is prohibited and where booking fees were taken the date for calculation of LAD runs from the date of payment of the booking fee (the SPA date is to be treated as that earlier date); the Tribunal did not exceed its jurisdiction as the technical and non-technical claims were distinct matters; the developer's cross-appeals were either incompetent or without merit and were dismissed; the High Court's quashing of the Tribunal awards on the LAD issue was set aside and the Tribunal awards reinstated subject to a limited...

Citation
Q-01(A)-175-03/2022 (Mahkamah Rayuan)
Parties
Appellant: Anna Chin Kui Len; Appellant: Liew Khing Ann; Appellant: Tiong Kwong Ngon; 1st Respondent / Developer: RJ Realty Sdn Bhd; 2nd Respondent / Appellant in Related Appeals: Tribunal for Housing Purchaser Claims (Sarawak)
Court
A
Jurisdiction
Malaysia
Judgment Date
17 August 2023
Case Number
Q-01(A)-175-03/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeals From High Court Judicial Review of Tribunal Awards (housing Purchaser Claims) / Court of Appeal Judgment on Appeals and Cross Appeals (hearing Concluded; Judgment Delivered)
Outcome
Main appeals allowed; High Court order of 24 March 2022 set aside insofar as it quashed Tribunal awards on LAD; Tribunal awards reinstated (with variation in Appeal 176); all cross-appeals by developer dismissed.
Legal Topics
Liquidated Ascertained Damages, Statutory Sale and Purchase Agreements, Booking Fees, Statutory Interpretation, Tribunal Jurisdiction, Social Legislation Doctrine
Source Language
Malay/English
Housing Law Property Law Administrative Law Contract Law Civil Procedure Liquidated Ascertained Damages Statutory Sale and Purchase Agreements Booking Fees +3 more

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Parties

Anna Chin Kui Len

Appellant

Liew Khing Ann

Appellant

Tiong Kwong Ngon

Appellant

RJ Realty Sdn Bhd

1st Respondent / Developer

Tribunal for Housing Purchaser Claims (Sarawak)

2nd Respondent / Appellant in Related Appeals

Procedural Posture

Civil Appeals From High Court Judicial Review of Tribunal Awards (housing Purchaser Claims) / Court of Appeal Judgment on Appeals and Cross Appeals (hearing Concluded; Judgment Delivered)

Legal Issues

  1. 1 Whether Sarawak Housing Development (Control and Licensing) Ordinance 2013 and Regulations 2014 are social legislation warranting purposive construction to protect house buyers
  2. 2 Whether LAD for delayed delivery of vacant possession is calculated from date of payment of booking fee or from date of statutory Sale and Purchase Agreement (SPA)
  3. 3 Whether payment of booking fee constitutes an option to purchase under Sarawak law

Ratio Decidendi

The Court of Appeal held the Sarawak HDO 2013 and Sarawak HDR 2014 are social legislation to be construed purposively; collection of booking fees outside the prescribed SPA is prohibited and where booking fees were taken the date for calculation of LAD runs from the date of payment of the booking fee (the SPA date is to be treated as that earlier date); the Tribunal did not exceed its jurisdiction as the technical and non-technical claims were distinct matters; the developer's cross-appeals were either incompetent or without merit and were dismissed; the High Court's quashing of the Tribunal awards on the LAD issue was set aside and the Tribunal awards reinstated subject to a limited...

Court Disposition

Main appeals allowed; High Court order of 24 March 2022 set aside insofar as it quashed Tribunal awards on LAD; Tribunal awards reinstated (with variation in Appeal 176); all cross-appeals by developer dismissed.

Orders

  • Set aside High Court order dated 24 March 2022 in part and allow Appeals Q-01(A)-174-03/2022, Q-01(A)-175-03/2022, Q-01(A)-176-03/2022, Q-01(A)-220-04/2022 and Q-01(A)-221-04/2022
  • Reinstate Tribunal awards awarding LAD calculated from the date of payment of booking fees (subject to the variation ordered in Appeal 176) and order RJ Realty Sdn Bhd to pay LAD to the three claimants accordingly