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Developer seeking judicial review, to appeal to Federal Court


 
JOHOR BAHRU (Dec 16): Country Garden Danga Bay Sdn Bhd (CGDB) will be filing an appeal to the Federal Court against the decision delivered by the Court of Appeal on Dec 11 regarding a dispute between a homebuyer and CGDB.
 
“While CGDB respects the decision of the Court of Appeal, we do not agree with the said decision. We have instructed our lawyers to proceed with the necessary leave application to appeal to the Federal Court. Thus far, we believe we have a reasonable basis to appeal,” said the developer in a statement last Saturday (Dec 14).
 
The Court of Appeal had in its Dec 11 verdict dismissed an appeal filed by CGDB for a judicial review against the Homebuyers' Tribunal's decision that favoured a Singaporean house buyer with regards to a claim of delivering a different unit. Ho Chee Kian, the purchaser was awarded RM15,000 in costs.
 
Ho had earlier been awarded RM50,000 in compensation by the Tribunal on his claim that 25 of the 26 pages within the sale and purchase agreement that he signed on Aug 23, 2013 were later changed by CGDB without his knowledge.
 
Keys he received for an RM1.6 million condominium unit in November 2017 was not for the unit he had agreed to buy, he said.
 
The developer then applied for judicial review against the Tribunal’s decision naming Ho and the tribunal as respondents, which was dismissed.
 
“We have been instructed to file for leave to appeal to the Federal Court,” said solicitor representing CGDB Leonard Yeoh, adding that they have one month to do so.
 
On whether changes were made to 25 out of 26 pages in the sale and purchase agreement, Yeoh said: “There was no mention in any of the awards or judgments. It was merely an allegation by the house buyer.” 
 

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