JUDGMENT

Hasnah Mohammed Hashim FCJ:

Introduction

[1] There are five appeals which were heard together, given the commonality of issues in the questions of law raised for our determination. One appeal was filed by the purchaser of the condominium units, The Sentral Residences. The other appeals are appeals filed by the developers of the projects, Prema Bonanza Sdn Bhd (Prema) and Sri Damansara Sdn Bhd (Sri Damansara). The appeals were heard together despite there being different parties involved. We heard oral submissions by all learned counsel representing the respective parties and at the end of those submissions, we indicated that we needed time to consider the respective submissions. We have now reached our decision and what follows below are our deliberations on the issues raised and our reasons as to why we have so decided.

[2] The central issue in all the appeals concerns the payment of Liquidated Ascertained Damages (LAD) as a result of this court's decision in Ang Ming Lee & Ors v. Menteri Kesejahteraan Bandar Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2019] 6 MLRA 494; [2020] 1 MLJ 281; [2020] 1 CLJ 162; [2019] 8 AMR 297 (Ang Ming Lee) declaring that reg 11(3) of the Housing Development (Control and Licensing) Regulations 1989 (HDR) is ultra vires the parent Act.

Appeal No: 02(i)-70-08-2022(W) (Appeal No. 70) & 02(i)-71-08/2022(W) (Appeal No. 71)

Obata-Ambak Holdings Sdn Bhd (Obata) v. Prema Bonanza Sdn Bhd (Prema)

[3] Both appeals have identical issues, with similar facts, and arose from the same development project. Appeal No. 70 is an appeal by Obata against the decision of the Court of Appeal dismissing the appeal by Obata against the High Court's decision which allowed Prema's application under O 14A Rules of Court 2012 (ROC). Whereas Appeal No. 71 is an appeal by Obata against the Court of Appeal's decision which dismissed Obata's application for Summary Judgment under O 14 ROC 2012.