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2014 MarsdenLR 693

HIGH COURT MALAYA JOHOR BAHRU
HARTAPLUS REALTY SDN BHD – Appellant
Versus
BALA KRISHNAN & ANOR – Respondent


Table of Content
1. judicial review involves examining decision-making processes. (Para 1)
2. principles governing judicial review of administrative decisions. (Para 2)
3. allegations of procedural impropriety in tribunal's decisions. (Para 3 , 4 , 5 , 6)
4. requirements for homebuyers to litigate under housing laws. (Para 7 , 9)
5. unforeseen circumstances and the developer's obligations. (Para 10 , 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 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 Pulai Jaya. 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 ci

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