PJD REGENCY SDN BHD vs TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR AND OTHER APPEALS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 MarsdenLR 942

FEDERAL COURT PUTRAJAYA
PJD REGENCY SDN BHD – Appellant
Versus
TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR AND OTHER APPEALS – Respondent

Petitioner Advocates:Lambert Rasaratnam,Sean Yeow Huang Meng,Lim Bee Sie ,Respondent Advocate: KL Wong,Wong Renn Xin

JUDGMENT

Tengku Maimun Tuan Mat CJ:

Introduction

[1] The phrase 'social legislation' attached to the Housing Development (Control and Licensing) Act 1966 ('HDA 1966') and its ensuing subsidiary legislation, ie the Housing Development (Control and Licensing) Regulations 1989 ('HDR 1989') is not merely a fanciful label. In disputes between home buyers and housing developers, its significance lies in the approach taken by the courts to tip the scales of justice in favour of the home buyers given the disparity in bargaining power between them and the housing developers.

[2] The question then arises: what happens when the developers devise ingenious schemes to circumvent the law and when they are called out for it, turn around to say that it is the home buyers who seek to make a windfall under the guise of 'protection'? To our minds, this is the crux of these appeals.

Background Facts

[3] There are seven appeals before us comprising three sets of different cases. All cases stemmed from applications for judicial review filed in the High Court at Kuala Lumpur and Malacca.

[4] Two appeals (Appeals No 29 and No 30) were filed by PJD Regency Sdn Bhd, the developer of a project known as 'You Vist

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2021 MarsdenLR 942

FEDERAL COURT PUTRAJAYAPJD REGENCY SDN BHD – AppellantVersusTRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR AND OTHER APPEALS – Respondent

Cases Referred (2)

FEDERAL COURT PUTRAJAYA
PJD REGENCY SDN BHD – Appellant
Versus
TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR AND OTHER APPEALS – Respondent