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)]
Tengku Maimun Tuan Mat CJ, Azahar Mohamed CJM, Alizatul Khair Osman Khairuddin, Idrus Harun, Nallini Pathmanathan FCJJ

JUDGMENT

Tengku Maimun Tuan Mat CJ:

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").