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

[2019] 5 MLRH 369
High Court Malaya, Johor Bahru
Evrol Mariette Peters JC
[Application for Judicial Review No: JA-25-3-02-2018]
Evrol Mariette Peters JC

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.

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