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2013 MarsdenLR 1057

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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