Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Tribunal jurisdiction / excess of jurisdiction
  • 25 Oct 2023

    Lakefront Residence Sdn Bhd 1. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH 2. ) Low Chuan Jyi 3. ) Soo Mee Ling

    Citation
    B-01(A)-803-11/2022 (Mahkamah Rayuan)
    Court
    A
    Case number
    B-01(A)-803-11/2022 (Mahkamah Rayuan)

    The Tribunal's awards were supported because the indoor installation of outdoor compressors represented a defect arising from the SPA and approved building plans (thus falling within the Defects Liability Period), accordingly limitation under Section 16N(2) accrues under proviso (b) and the Tribunal had jurisdiction; the High Court decisions were correctly affirmed and the appeals dismissed.

    • Defects liability period
    • Section 16n(2) hda (time limitation)
    • Tribunal jurisdiction / excess of jurisdiction
    • Sale and purchase agreement and approved plans
    • Certiorari / judicial review