Malaysia Case Law: Decisions & Judgments

Topic

Housing development (control and licensing) act/regulations

Legal area

Court

19 Mar 2025

1. ) CHONG KOK SIONG 2. ) TEE AI LING 3. ) HON KAH SHIN 4. ) CHOW LAI LAI 5. ) SAH THIAM LEONG 6. ) LOW HUEY SUAN MAWAR AWAL (M) SDN BHD

Citation

WA-22NCvC-521-08/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-521-08/2024 (Mahkamah Tinggi)

Plaintiffs established a prima facie claim for LAD; defendant failed to demonstrate any credible triable issues on affidavit or law; the court accepted adjustments to the LAD calculation made by the defendant and entered summary judgment for the plaintiffs for the specified LAD amounts with interest at 5% p.a. from 5-8-2024 until full payment; costs reserved to plaintiff.
5 Sept 2022

Banda Industries Sdn Bhd Chai Lee Chin

Citation

BA-11ANCvC-10-01/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-11ANCvC-10-01/2022 (Mahkamah Tinggi)

The High Court held that although the IA operated as a written variation/compromise benefitting the plaintiff and justified a set-off of RM33,871.95 against the LAD, clause 2(vii) could not lawfully operate to contract out of statutory rights under the Housing Development legislation; accordingly the magistrate's summary judgment for the full LAD was varied and the defendant ordered to pay RM46,855.28. The plaintiff is estopped from recovering the full LAD but retains statutory entitlement net of incentives.
13 Jul 2022

Eco Green City sdn Bhd 1. ) Hou Zhou Yee 2. ) Ng Siew Bee 3. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH

Citation

WA-25-157-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-157-05/2020 (Mahkamah Tinggi)

The Housing Controller had no legal power under reg 11(3) to modify the scheduled terms of the SPA; Ang Ming Lee applies retrospectively; therefore the purported extension is legally ineffective and the Tribunal's award for LAD was not tainted by error, illegality or procedural impropriety so as to warrant judicial review; the judicial review application is dismissed with costs.

Malaysia Case Law

1. ) CHONG KOK SIONG 2. ) TEE AI LING 3. ) HON KAH SHIN 4. ) CHOW LAI LAI 5. ) SAH THIAM LEONG 6. ) LOW HUEY SUAN MAWAR AWAL (M) SDN BHD

Banda Industries Sdn Bhd Chai Lee Chin

Eco Green City sdn Bhd 1. ) Hou Zhou Yee 2. ) Ng Siew Bee 3. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH