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2014 MarsdenLR 766

HIGH COURT MALAYA JOHOR BAHRU
OXBRIDGE HEIGHT SDN BHD – Appellant
Versus
ER KICK TIONG & ANOR – Respondent


Table of Content
1. overview of the case and parties involved (Para 1 , 1)
2. principles of certiorari in judicial review (Para 2)
3. errors in tribunal procedures affecting the decision (Para 3 , 4)
4. no evidence rule concerning tribunal findings (Para 5 , 6 , 8)
5. legality of claims and compliance with statutory requirements (Para 7 , 9 , 10)

[1] This application for judicial review for an order of certiorari to be issued arises out of the decision of the Tribunal for Homebuyers Claims (the Tribunal) to make an award of liquidated ascertained damages (LAD) to the Respondents/homebuyers. The Applicant was a licensed housing developer while the Respondents were purchasers of a residential unit in the housing project undertaken by the Applicant known as Bandar JP Perdana, Johor Bahru. The parties had entered into a sale and purchase agreement (SPA) in the statutory form which stipulates that delivery of vacant possession by the developer to the purchaser shall be within 24 months after execution of the SPA. Late delivery in breach of the stipulated period was not disputed by the Applicant. Nevertheless, the Applicant contended that in the circumstances of this case LAD should not have b

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