Federal Court’s judgement in Ang Ming Lee case relieves developers from retrospective suits
What now for homebuyers? Homebuyers can be rest assured that their right to claim for damages for late delivery of vacant possession remains unchanged.
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.
Federal Court judge Datuk Seri Hasnah Mohammed Hashim said said homebuyers cannot rely on the Ang Ming Lee decision as a "carte blanche" in order to make financial gain against developers who had obtained EOT prior to that landmark decision.
Central to the issue is the liquidated ascertained damages (LAD) claimed by the homebuyers, purportedly for late delivery of the property, despite being granted the EOT by the government before the SPA was signed.
In real estate investment, auction properties seem like low-hanging fruit ripe for the picking because of their usually ready-to-move-in state and lower-than-market prices.
The group had also filed an appeal against part of the court's decision, said Mudajaya, without giving further details.
In April, two representatives of the affected areas, K Mukesh Kumar and Lim Hock Ming, filed a judicial review to seek a stay on the proposed development, a certiorari order to quash the MPS decision in January 9 to approve the project, that the MPS' decision is full of illegality, irrationality, procedural impropriety, and unreasonableness, and should be declared void.
In a statement to the media, lawyer Lai Chee Hoe said MACC’s claim that he was being investigated for embezzlement and abuse of power for his purported role as the former chairman of a joint management committee (JMC) of a property was never mentioned to him when he was detained.
SPNB is owned by the Ministry of Finance, but its operations are governed by the Ministry of Housing and Local Government.
The Kuala Lumpur High Court ordered the bank to pay close to RM65,000 in damages to the house buyer, in addition to a sum the court will decide on after assessing the man’s loss of the property and his subsequent loss of reputation on being blacklisted by the Central Credit Reference Information System (CCRIS) and CTOS data system.