HIGH COURT MALAYA JOHOR BAHRU
HARTAPLUS REALTY SDN BHD – Appellant
Versus
SAFIAH KASSIM – Respondent
| Table of Content |
|---|
| 1. application for judicial review context. (Para 1) |
| 2. grounds for contesting tribunal's award. (Para 2) |
| 3. principles of certiorari summarised. (Para 3) |
| 4. no evidence rule and errors of law. (Para 4 , 5) |
| 5. sufficiency of evidence is crucial. (Para 6 , 7) |
| 6. requirement for deed of absolute assignment. (Para 8 , 9 , 10) |
| 7. tribunal's ruling on unforeseen circumstances. (Para 11 , 12 , 13) |
| 8. irrelevance of developer's financial difficulties. (Para 14) |
[1] This is an application for judicial review to quash the award of the Homebuyers Claims Tribunal (the Tribunal) by an order of certiorari. The Applicant (A) was a licensed housing developer who had entered into the statutory sale and purchase agreement (SPA) with the Respondent housebuyer (R). It was not disputed that A had failed to deliver vacant possession of the house purchased to R with the 24 month period stipulated in the SPA. Due to the said delay in breach of the SPA, the Tribunal awarded liquidated ascertained damages (LAD) to R in accordance with the relevant provision of the SPA.
[2] A raised several grounds in support of its contention that the award of the Tribunal was flawed or erreoneous in law and procedu
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