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2013 MarsdenLR 885

HIGH COURT MALAYA JOHOR BAHRU
OXBRIDGE HEIGHT SDN BHD – Appellant
Versus
LOW FUI THONG – Respondent


Table of Content
1. judicial review certiorari application overview. (Para 1 , 1 , 2)
2. procedural errors must inform judicial review. (Para 3 , 4 , 5 , 6 , 9)
3. tribunal's jurisdiction and evidence considerations. (Para 7 , 8 , 10)
4. legality regarding housing loan and assignment. (Para 11)

[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 respondent/homebuyer. The Applicant was a licensed housing developer while the respondent was a purchaser of a residential unit in the housing project undertaken by the Applicant. 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 been awarded and that, the Tribunal had in deciding to do so acted unreasonably or irrationally.

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