Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Purchaser protection
  • ENERGOPROJEK (M) HOLDINGS V. PUBLIC PROSECUTOR

    Citation
    ENERGOPROJEK (M) HOLDINGS V. PUBLIC PROSECUTOR
    Court
    Malaysian court

    On purposive and contextual construction the statutory definition of 'housing development' requires an element of sale or purchaser protection; where a company constructs more than four units solely as staff accommodation with no intention to sell, it does not engage in 'housing development' under the Act and therefore no licence is required; the offence under s.5(1) is not strict liability in this context and conviction cannot stand.