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HIGH COURT MALAYA PULAU PINANG
ABT CONSTRUCTION SDN BHD & ANOR – Appellant
Versus
TRIBUNAL TUNTUTAN PEMBELI RUMAH & ORS – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. contractor/vendor's jurisdiction and rights. (Para 8 , 9 , 10) |
| 3. tribunal's authority based on hda. (Para 11 , 12 , 13) |
| 4. definition of housing development. (Para 14 , 15 , 16 , 17) |
| 5. purposive interpretation of the hda. (Para 18 , 19 , 20) |
| 6. identification of parties as housing developers. (Para 21 , 22 , 23 , 24 , 25) |
| 7. inclusion of unlicensed developers under hda. (Para 26 , 27 , 28 , 29 , 30) |
| 8. validity of spa terms vs statutory contract rules. (Para 31 , 32 , 33 , 34) |
| 9. conclusion on tribunal's jurisdiction and compliance. (Para 36) |
| 10. judicial review standards and conclusion. (Para 37 , 38 , 39) |
[1] This was an application brought under O 53 of the Rules of the High 1980 ('RHC 1980') to quash the award or decision of the President of the Tribunal for Homebuyer Claims (tribunal) dated 19 December 2011. At the tribunal proceedings, the applicants were the respondents cited in a claim filed by Mohd Fauzi b Abdul Latif and Zainab bt Ismail in respect of or arising from a 'sale and purchase agreement' dated 17 August 2004 (the SPA).
[2] The first applicant was a party to the SPA and was referred i
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