JUDGMENT

Harmindar Singh Dhaliwal FCJ:

Introduction

[1] The appeal concerns the jurisdiction of the Tribunal for Home Buyers Claims ("Tribunal") in respect of ss 16Q and 16M of the Housing Development (Control and Licensing) Act, 1966 ("HDA 1966"). Specifically, the appeal concerns important questions as to jurisdiction of the Tribunal in respect of split claims as well as issues pertaining to the delivery of vacant possession.

[2] The present appeal emanates from a judicial review application filed by the respondent to review the award of the Tribunal dated 16 January 2019 ("the Award"). The Tribunal had allowed the claim of the appellant. The High Court dismissed the respondent's judicial review application on 22 September 2019. The Court of Appeal, however, allowed the respondent's appeal, set aside the said High Court order and quashed the Award of the Tribunal on 2 November 2020.

[3] Undeterred, the appellant successfully obtained leave of this Court to file an appeal on the following questions of law:

Question 1:

In view of ss 16Q and 16M of the Housing Development (Control and Licensing) Act, 1966, whether there is a jurisdiction for the Tribunal for Home Buyers Claims to hear two (2) separate claims in respect of the same subject property where the total amount of dispute of these two (2) claims exceeds the monetary jurisdiction of RM50,000.00.

Question 2:

Whether the developer can be exempted to pay damages to the purchaser when the developer was in breach of the manner of delivery of vacant possession of the property as prescribed in Schedule H so long as the developer is still within the timeline to deliver vacant possession of the property.

Question 3: