Federal Court Allows Developer S Appeal To Quash Compensation To Housebuyer


 


The Federal Court today allowed the appeal by a Danga Bay housing project developer in Johor to quash the compensatory award given by the Tribunal for Homebuyer Claims to a Singaporean housebuyer.
A three-member bench comprising Federal Court judges Zaleha Yusof, Zabariah Mohd Yusof and Rhodzariah Bujang allowed Country Garden Danga Bay Sdn Bhd (CGDB)'s appeal to set aside the Court of Appeal's decision in dismissing its judicial review to quash the award given by the Tribunal for Homebuyer Claims.
The court ordered the respondent, Ho Chee Kian, to pay RM30,000 in costs.
When contacted, lawyer Leonard Yeoh who appeared with lawyer Cyrus Das for CGDB, confirmed the court's decision, saying that the court answered the first question legal question in the affirmative while the other three questions in the negative.
He said the court ruled that the Tribunal for Homebuyer Claims could only decide on claims based upon the express terms of the sales and purchase (S&P) agreement and not based on the purchaser's expectation of the unit purchased corresponding with a display model at the developer's showroom.

Ho signed S&P agreement with CGDB on Aug 23, 2013, to purchase a condominium unit in the project.
He claimed that the unit should have a covered balcony but when the vacant possession was delivered, the balcony was not covered and he lodged a complaint to CGDB via a letter dated Dec 4, 2017.
Ho subsequently filed a claim with the Tribunal for Homebuyer Claims claiming for RM50,000 as compensation for the wrong unit that was given to him.
On June 7, 2018, the Tribunal for Homebuyer Claims awarded Ho compensation of RM50,000, prompting CGDB to file a judicial review in the High Court in July 2018.
The High Court, on Dec 27, 2018, dismissed CGDB’s judicial review application for a certiorari order to quash the decision of the Johor Bahru Tribunal for Homebuyer Claims made in favour of Ho for a claim of damages for breach of the S&P agreement.
CGDB lost its appeal in the Court of Appeal which was dismissed on Dec 11, 2019.
The developer, however, obtained leave to appeal to the Federal Court last year with four legal questions for the court's determination.
Lawyer Viola Lettice DeCruz represented Ho. - Bernama


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://feedproxy.google.com/~r/MalaysiansMustKnowTheTruth/~3/V3kWTWKwUKw/federal-court-allows-developers-appeal.html

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Apex Court Defers Decision On Citizenship Appeal By 10 Year Old

Apex Court Defers Decision On Citizenship Appeal By 10 Year Old

papar berkaitan - pada 5/2/2021 - jumlah : 170 hits
The boy was born in the Philippines to his parents who married in Malaysia only a few months after his birth PUTRAJAYA A seven member Federal Court bench has deferred its decision to a date to be fixed later in the appeal by a 10 year old b...
Judge S Lawyers In Last Ditch Bid To Court Of Appeal Bench

Judge S Lawyers In Last Ditch Bid To Court Of Appeal Bench

papar berkaitan - pada 4/2/2021 - jumlah : 186 hits
Hamid Sultan Abu Backer s lawyers are asking Rohana Yusuf to assemble a bench to hear his application for a stay PUTRAJAYA In a last ditch attempt lawyers for a senior judge who has been asked to appear before the Judges Ethics Committee to...
Muda Won T Appeal Ros Rejection Says Minister S Claims Will Strengthen Court Case

Muda Won T Appeal Ros Rejection Says Minister S Claims Will Strengthen Court Case

papar berkaitan - pada 3/2/2021 - jumlah : 174 hits
The Malaysian United Democratic Alliance will not appeal against the Registrar of Societies rejection of its application to be registered as a formal political party When contacted Muda pro tem committee member Lim Wei Jiet said the decisio...
The Fiasco Of Rosliza Ibrahim Is Federal Court Wrong

The Fiasco Of Rosliza Ibrahim Is Federal Court Wrong

papar berkaitan - pada 7/2/2021 - jumlah : 167 hits
MP SPEAKS Having read the entire judgement of the Federal Court in the I am of the view that the judgement has not been infected by any legal error Yes it may be dubbed as a non populist judgement Apparently the Federal Court to its credit ...
Kelantan Allows 20 People At Marriage Solemnisation Ceremony

Kelantan Allows 20 People At Marriage Solemnisation Ceremony

papar berkaitan - pada 16/2/2021 - jumlah : 179 hits
The Kelantan government has agreed to allow the presence of 20 individuals at marriage solemnisation ceremonies during the movement control order period State Local Government Housing and Health Committee chairperson Izani Husin said the ma...
Developer Helps To Pay School Fees Of 10 Students

Developer Helps To Pay School Fees Of 10 Students

papar berkaitan - pada 15/2/2021 - jumlah : 182 hits
Chee handing over a letter seeking sponsorship for Papar Middle School students to Susan while David George and Chok look on PAPAR Prominent developer and philanthropist Datuk Susan Wong Siew Guen has donated RM15 000 to help pay the schoo
Taman Rimba Kiara Annuar Musa Happy With Court Ruling

Taman Rimba Kiara Annuar Musa Happy With Court Ruling

papar berkaitan - pada 28/1/2021 - jumlah : 273 hits
In June 2016 a petite news portal called The Mole reported a plan by a major developer to build among other things eight blocks of luxury condominiums on Taman Rimba Kiara a project so massive it would increase the neighborhood s population...
Bar Hails Court Decision To Protect Taman Rimba Kiara

Bar Hails Court Decision To Protect Taman Rimba Kiara

papar berkaitan - pada 30/1/2021 - jumlah : 178 hits
It was reported on Jan 27 that a three judge panel of the Court of Appeal led by Mary Lim unanimously decided that an order for a proposed development obtained in 2017 by the joint venture between Yayasan Wilayah Persekutuan and private dev...
Lawyer For Dr M Loyalist To Serve Pm Lawsuit Challenging Govt Advice On Emergency Today First Court Date On Feb 19

Lawyer For Dr M Loyalist To Serve Pm Lawsuit Challenging Govt Advice On Emergency Today First Court Date On Feb 19

papar berkaitan - pada 29/1/2021 - jumlah : 370 hits
Malaysiakini reported that the suit was filed by Datuk Khairuddin Abu Hassan a non aligned politician who is seen as a strong supporter of former prime minister Tun Dr Mahathir Mohamad Picture by Yusof Mat IsaKUALA LUMPUR Jan 29 Prime Minis...
Anwar Slams Hypocritical Criticism Over His Response To Najib S Apology

A Sucker Punch For Rm1 000 What S The Value Of Dignity In Malaysia

Makan Malam Tiga Beranak Di Adam Kitchen

Rakyat Malaysia Jadi Tentera Upahan Di Ukraine Dipercayai Masih Hidup Kpn

Tan Sri Vincent Tan Dan U Mobile

Sabah Air Belum Mohon Lesen Perkhidmatan Udara Kata Menteri Pengangkutan

Malaysia Singapore To Jointly Nominate Chingay For Unesco List

Empat Sekawan Dipenjara Tiga Tahun Culik Budak Perempuan


echo '';
Biodata Terkini Penyanyi Illa Sabry Peserta Gegar Vaganza 2024 Musim 11 GV11

Info Dan Sinopsis Drama Berepisod Senyawa iQIYI Malaysia

Info Dan Sinopsis Drama Berepisod Project Projek Exit Astro Originals

Pelajari Asal Usul Nama Makhluk Seram Kisah Fiksyen Barat Yang Terkenal

10 Fakta Filem Kahar Kapla High Council Yang Ramai Tak Tahu Prekuel Drama Project Projek High Council


Apa Itu Malaysian Dream

Sabah Lanjut Kontrak Kim Swee

Dapatkan Rawatan Estetik Kulit Bagi Hilangkan Melasma Jeragat Di Klinik Dr Bazilah

Tv Samsung Rosak Tamat Tempoh Hayat

30 Lagu Bakal Berentap Dalam Muzik Muzik 39 Separuh Akhir Siapa Akan Mara Ke Ajl 39

Celebrity Legs And Feet In Tights Variety Pack 143