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FEDERAL COURT PUTRAJAYA
ANG MING LEE & ORS – Appellant
Versus
MENTERI KESEJAHTERAAN BANDAR PERUMAHAN DAN KERAJAAN TEMPATAN & ANOR AND OTHER.... – Respondent
| Table of Content |
|---|
| 1. overview of related appeals involving developers and purchasers. (Para 1 , 2 , 3) |
| 2. arguments focus on statutory powers and delegation. (Para 9 , 11) |
| 3. court's observations regarding regulatory frameworks. (Para 12 , 14 , 16) |
| 4. court's findings on the powers and choices made regarding regulation. (Para 15 , 17 , 24) |
| 5. legal principles concerning delegation and authority. (Para 19 , 20) |
| 6. contentions presented by both parties. (Para 21 , 22) |
[1] There were six related appeals before us which were heard together. Four (4) appeals were filed by the purchasers of individual condominium units in Sri Istana Condominium ("the project"). The other two appeals were filed by the developer of the project, BHL Construction Sdn Bhd. The issue in these appeals concerns reg 11(3) of the Housing Development (Control and Licensing) Regulations 1989 ("the Regulations").
Background Facts
[2] By a Sale and Purchase Agreement dated 3 May 2012 ("the SPA"), entered into between the developer and the purchasers, it was agreed that the delivery of vacant possession of the units shall be 36 months from the date of signing of the respective SPAs. The SPAs were made pursuant to the statutorily
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