The two NGOs seeking the judicial review claimed that it was illegal for the Selangor government to backdate a gazette, saying the degazettement decision was made on Nov 20, 2000, while the gazette was published on May 5, 2022.
"We are unsure whether the learned DPP will request for a reinstatement of the case, or file a revision to the High Court to revise the Session Court judge’s decision.
On Aug 7, Ahmad Shahrir directed the registrar to transfer the 263.
The appeal was scheduled to be heard before a three-member Court of Appeal bench led by Datuk P Ravinthran, but following the discontinuance of the appeal, it was struck out.
The selling price of RM160 million of the hotel represents a discount of 5.
At one time, the development sector found itself navigating through turbulent waters amid a dramatic surge in legal cases with estimated claims of a whopping RM48,819 million with respect to the EOT granted between 2016 to 2020.
Ranjan Chandran, a consultant at Messrs Hakem Arabi & Associates: “The ruling on limitation from the date of execution of the SPA does not seem fair to homebuyers [if a] housing development project had not taken off after the SPA is signed and if there [is] a breach that can be ascertained when vacant possession is only been given.
Senior lawyer Leonard Yeoh said that the decision ensures that nobody takes advantage of the law to the detriment of another.
What now for homebuyers? Homebuyers can be rest assured that their right to claim for damages for late delivery of vacant possession remains unchanged.
REHDA Malaysia president Datuk Ho Hon Sang: “We would also like to reiterate that we are not in favour of unnecessary extension of time unless for very valid reasons, developers must honour the terms in the contracted sales to deliver within the time allowed by the law.
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