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.