RAKAN SETIA HOUSING SDN. BHD. v 1. ) MOHD AZRIZAL BIN ROSLI 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH

pa-25-1-01-2024 High Court (Mahkamah Tinggi) 9 February 2025 • PA-25-1-01/2024

Catchwords

Judicial review – Certiorari to quash the award of the Tribunal for Homebuyer Claims – The Tribunal awarded the respondent liquidated damages for late delivery of vacant possession of his house – Whether the Tribunal erred in failing to consider that a sum was already paid to the respondent as liquidated damages pursuant to a settlement letter – Whether the Tribunal erred in failing to consider section 35 of the Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid - 19) Act 2020, which provided an extension of time of 167 days for the delivery of vacant possession.

Practice Areas

Administrative Law Civil Procedure Housing Development

Judges (1)

Quay Chew Soon Delivered

Parties (2)

RAKAN SETIA HOUSING Sdn Bhd Applicant Mohd Azrizal bin Rosli Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (pa-25-1-01-2024)