DENIA DEVELOPMENT SDN BHD v. TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR

[2019] 5 MLRH 369

DENIA DEVELOPMENT SDN BHD v. TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR
High Court Malaya, Johor Bahru
Evrol Mariette Peters JC
[Application for Judicial Review No: JA-25-3-02-2018]
7 September 2019

JUDGMENT

Evrol Mariette Peters JC:

This Application

[1] This is the applicant's application for judicial review of an award ("the award") made by the Tribunal For Homebuyers ("the Tribunal") allowing the 2nd respondent's claim for late delivery against the applicant pursuant to s 16L of the Housing Development (Control and Licensing) Act 1966 ("the Act").

The Background Facts

[2] The applicant, is a licensed housing developer whilst the 2nd respondent is a purchaser of a residence developed by the applicant; and the project is known as Nusantara Prima, Bandar Nusajaya, Gelang Patah Johor.

[3] On 9 September 2013, the Parties entered into a statutory-prescribed agreement ("the Agreement") pursuant to Schedule G of the Act, whereby the 2nd respondent purchased a property that was to be constructed by the applicant.

[4] On 18 July 2017, the 2nd respondent filed a claim for late delivery against the applicant with the Tribunal pursuant to s 16L of the Act.

[5] On 10 January 2018, the Tribunal allowed the 2nd respondent's Claim and granted the award.

[6] After obtaining leave for application for judicial review vide Order dated 12 April 2018, the Parties had appeared before the previous Judicial Commissioner numerous times for case management but the matter was persistently postponed due to the failure of the Tribunal to provide the applicant with the reasons for the decision.

[7] In fact, from 2 May 2018 to 14 May 2019, a total of 12 letters were sent to the Tribunal requesting for the reasons for the decision, but to no avail.

[8] On 28 May 2019, Parties appeared before me and informed the court that they were still waiting for the reasons. The matter was, therefore, postponed to 17 June 2019.

[9] On 17 June 2019, counsel for the applicant informed the court that through a verbal communication, the Tribunal had clarified that it was not going to provide reasons for its decision. Confirmation of such communication was documented in a letter dated 11 June 2019.

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