17 Aug 2023
TRIBUNAL FOR HOUSING PURCHASER CLAIMS 1. ) RJ REALTY SDN. BHD. 2. ) LIEW KHING ANN
- Citation
- Q-01(A)-221-04/2022 (Mahkamah Rayuan)
- Court
- A
- Case number
- Q-01(A)-221-04/2022 (Mahkamah Rayuan)
Court of Appeal allowed the appeals and set aside the High Court quashing of Tribunal awards: Sarawak HDO 2013/HDR 2014 is social legislation to be construed purposively; Regulation 9(4) prohibits collection of payments except under the prescribed SPA so payment of booking fees prior to SPA constitutes the operative date for the contract for LAD purposes; therefore LAD is calculated from date of booking fee payment; Tribunal acted within jurisdiction and its awards were not tainted by jurisdictional error; developer cross-appeals were incompetent or without merit and dismissed.