2020

2019

2018

2017

Cases

ANG MING LEE & ORS v. MENTERI KESEJAHTERAAN BANDAR, PERUMAHAN DAN KERAJAAN TEMPATAN & ANOR AND OTHER APPEALS
Federal Court, Putrajaya
Tengku Maimun Tuan Mat CJ, Azahar Mohamed CJM, Alizatul Khair Osman Khairuddin, Idrus Harun, Nallini Pathmanathan FCJJ
[Civil Appeal Nos: 01(f)-38-10-2018(W), 01(f)-41-10-2018(W), 02(f)-95-10-2018(W), 02(f)-96-10-2018(W), 02(f)-97-10-2018(W) & 02(f)-98-10-2018(W)]
26 November 2019
[2019] 6 MLRA 494

JUDGMENT

Introduction

[1] There were six related appeals before us which were heard together. Four (4) appeals were filed by the purchasers of individual condominium units in Sri Istana Condominium ("the project"). The other two appeals were filed by the developer of the project, BHL Construction Sdn Bhd. The issue in these appeals concerns reg 11(3) of the Housing Development (Control and Licensing) Regulations 1989 ("the Regulations").

Background Facts

[2] By a Sale and Purchase Agreement dated 3 May 2012 ("the SPA"), entered into between the developer and the purchasers, it was agreed that the delivery of vacant possession of the units shall be 36 months from the date of signing of the respective SPAs. The SPAs were made pursuant to the statutorily prescribed form under Schedule H of the Regulations. Subparagraph 25(2) of Schedule H provides that if the developer fails to deliver vacant possession within 36 months, the developer shall be liable to pay the purchaser liquidated damages ("LAD").

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
JanuaryFebruaryMarchAprilMayJuneJulyJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember