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2022 MarsdenLR 1289

COURT OF APPEAL PUTRAJAYA
BLUDREAM CITY DEVELOPMENT SDN BHD – Appellant
Versus
KONG THYE & ORS AND OTHER APPEALS – Respondent


Petitioner Advocates:Lim Chee Wee,Sanjay Mohanasundram,Wong Li-Wei,Mak Kit Teng,Surendra Ananth Anandaraju ,Respondent Advocate: Loh Chun Hoo,Siti Syafiqah Sofia Mohd Saufi

JUDGMENT

Lee Sweng Seng JCA:

[1] The nub of the complaint of the Purchasers by way of a challenge by judicial review ("JR") is directed against the decision of the Minister to grant a second extension of time of 17 months (from 42 months to 59 months) for the Developer to complete the units in the service apartments of a housing development ("the Units").

[2] There was a first extension not by the Minister but by the Controller of Housing ("Controller") for 6 months from contractual period of 36 months from the date of signing of the Sale and Purchase Agreement ("SPA") to 42 months. However, this was not the subject of the challenge by the JR application.

[3] There are altogether 2 sets of appeals being heard together and they are set out below in the ascending order of their appeal number. The first set consisting of three appeals are by the Developer against three clusters of cases represented by the name of the first Purchaser in Civil Appeals:

(i) B-01(A)-55-01/2020 Bludream City Development Sdn Bhd v. Kong Thye & 184 Ors;

(ii) B-01(A)-56-01/2020 Bludream City Development Sdn Bhd v. Chan Chew Mun & 25 Ors; and

(iii) B-01(A)-57-01/2020 Bludream City Development Sdn Bhd v. Alvin Leong W

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