Puncakdana Sdn Bhd vs Tribunal for Homebuyers Claims
- Citation
- Puncakdana Sdn Bhd vs Tribunal for Homebuyers Claims
- Court
- Malaysian court
Part VI of the Amendment Act (which established the Tribunal) does not operate retrospectively; there is no clear statutory language conferring retrospective jurisdiction and applying Part VI to agreements entered before 1 December 2002 would affect substantive rights and expose developers to retrospective criminal liability under s16AD, contrary to the presumption against retrospectivity and Article 7; therefore the Tribunal has no jurisdiction over sale and purchase agreements entered before 1 December 2002.