Tuesday, 26 Nov 2019 03:03 PM MYT
Chief Justice Tan Sri Tengku Maimun Tuan Mat who led a five-member panel held that Regulation 11 of the Housing Development Regulations 1989 which confers power on the controller to waive and modify the terms and conditions of the contract of sale between purchasers and the developer was ultra vires the Housing Development Act 1966.
She also said there was no provision enabling the controller to exercise the Minister of Urban Wellbeing, Housing and Local Government’s powers. She also said there was no decision by the Minister to grant the extension of time to the developer due to the fact that the letter was signed by one K.Jayaseelan on behalf of the controller to convey a decision of the ministry.
The apex court today allowed the four appeals filed by 104 purchasers of condominium units in Sri Istana Condominium in Old Klang Road and dismissed two appeals brought by the developer of the project BHL Construction Sdn Bhd.
Aftereffect from this judgement seemed like double-edged sword! Developers can't make it they just abandon and buyers could lose again.
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