Public Prosecutor v Annamaly

Public Prosecutor v Annamaly

The High Court dismissed the appeal and held that the Deputy Minister's directive to refund purchase moneys was ultra vires ss11-12 of the Housing Developers (Control & Licensing) Act 1966 because the Act does not authorize refunds; non-compliance with an unlawful directive cannot constitute a criminal offence under the Act and purchasers must seek civil remedies for refunds.

Citation
Public Prosecutor v Annamaly
Parties
Appellant: Public Prosecutor; Respondent: Annamaly a/l Narayanan
Court
Malaysian court
Jurisdiction
Malaysia
Judgment Date
1988
Procedural Posture
Criminal Appeal / High Court Appeal
Outcome
Appeal dismissed
Legal Topics
Housing Developers (control & Licensing) Act 1966, Ultra Vires, Ministerial Directives, Refunds of Purchase Moneys, Statutory Interpretation
Source Language
en
Housing Law Administrative Law Criminal Law Housing Developers (control & Licensing) Act 1966 Ultra Vires Ministerial Directives Refunds of Purchase Moneys Statutory Interpretation

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Parties

Public Prosecutor

Appellant

Annamaly a/l Narayanan

Respondent

Procedural Posture

Criminal Appeal / High Court Appeal

Legal Issues

  1. 1 Whether a directive by the Deputy Minister under s12 ordering refunds of purchase moneys is within the Minister's powers under ss11-12 of the Act
  2. 2 Whether failure to comply with a directive that is ultra vires the Act constitutes a criminal offence under the Act
  3. 3 Proper forum and remedy for purchasers seeking refund of payments made to an unlicensed developer

Ratio Decidendi

The High Court dismissed the appeal and held that the Deputy Minister's directive to refund purchase moneys was ultra vires ss11-12 of the Housing Developers (Control & Licensing) Act 1966 because the Act does not authorize refunds; non-compliance with an unlawful directive cannot constitute a criminal offence under the Act and purchasers must seek civil remedies for refunds.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed