RAKAN SETIA HOUSING SDN. BHD. v 1. ) MOHD RAFIQ BIN CHE ANI 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH
2 cases cited
(0 SG, 2 foreign)
Outcome
The application for judicial review is dismissed. [43] In view of my decision in JR No. 278, the applications in JR No. 287 and JR No. 228 are equally dismissed with costs of RM3,000 for each case subject to allocatur.
Catchwords
Housing Development (Control and Licensing) Act 1966 (“HDA”) — Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) (Amendment) Act 2022 (“Covid-19 Amendment Act”) — s 35 Contract — Agreement — Sale and purchase agreement — 1st respondent claimed liquidated ascertained damages (“LAD”) against applicant for delay in delivery of vacant possession — Settlement agreement between applicant and 1st respondent — Whether settlement agreement entered — Whether settlement agreement is certain and capable of being certain — Whether settlement agreement entered prior to the occurrence of the delay of vacant possession —Whether 1st respondent estopped by settlement agreement from filing claim at the Tribunal for Homebuyers Claim Tribunal decided allowing the LAD — Applicant filed judicial review application to quash tribunal’s award — Whether applicant entitled to liquidated ascertained damages — Whether tribunal committed error of law in LAD to 1st respondent — Whether award of tribunal was irrational — Whether award of tribunal ought to be quashed
Practice Areas
Judges (1)
Counsel (4)
Cases Cited (2)
MY (2)
[2020] MLJU 983 [2022] 10 MLJ 153
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-25-287-09-2023)