COUNTRY GARDEN DANGA BAY SDN BHD 1. TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. HO CHEE KIAN

COUNTRY GARDEN DANGA BAY SDN BHD 1. TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. HO CHEE KIAN

The Tribunal’s factual finding that the Sale and Purchase Agreement had been materially altered and that the alteration caused the buyer to receive a unit without a covered balcony was supported by evidence; the Tribunal did not act unlawfully, irrationally or procedurally improperly, therefore the High Court rightly dismissed the judicial review and the Court of Appeal affirms and dismisses the appeal.

Citation
J-01(A)-22-01/2019 (Mahkamah Rayuan)
Parties
Appellant / Pemohon: Country Garden Danga Bay Sdn Bhd; 1st Respondent / Tribunal: Tribunal Tuntutan Pembeli Rumah; 2nd Respondent / Homebuyer: Ho Chee Kian
Court
A
Jurisdiction
Malaysia
Judgment Date
11 December 2019
Case Number
J-01(A)-22-01/2019 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal; Judicial Review of Tribunal Award / Appeal to Court of Appeal (judgment)
Outcome
Appeal dismissed; High Court decision affirmed
Legal Topics
Breach of Natural Justice, Procedural Impropriety, Material Alteration of Contract, Tribunal Jurisdiction, Quantum of Damages, Admissibility of Documents
Source Language
Malay/English
Housing Development Administrative Law Judicial Review Contract Law Tribunal Proceedings Breach of Natural Justice Procedural Impropriety Material Alteration of Contract +3 more

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Parties

Country Garden Danga Bay Sdn Bhd

Appellant / Pemohon

Tribunal Tuntutan Pembeli Rumah

1st Respondent / Tribunal

Ho Chee Kian

2nd Respondent / Homebuyer

Procedural Posture

Civil Appeal; Judicial Review of Tribunal Award / Appeal to Court of Appeal (judgment)

Legal Issues

  1. 1 Whether the Tribunal breached the rules of natural justice by not allowing adequate time to prepare
  2. 2 Whether there was procedural unfairness in withholding or not providing documents (Technical Inspection Report)
  3. 3 Whether the Tribunal acted unlawfully or irrationally in admitting and relying on an allegedly altered Sale and Purchase Agreement

Ratio Decidendi

The Tribunal’s factual finding that the Sale and Purchase Agreement had been materially altered and that the alteration caused the buyer to receive a unit without a covered balcony was supported by evidence; the Tribunal did not act unlawfully, irrationally or procedurally improperly, therefore the High Court rightly dismissed the judicial review and the Court of Appeal affirms and dismisses the appeal.

Court Disposition

Appeal dismissed; High Court decision affirmed

Orders

  • Appeal dismissed with costs of RM15,000.00 subject to payment of allocatur fees
  • High Court decision dated 27.12.2018 dismissing judicial review application affirmed