JUDGMENT

Lim Chong Fong JCA:

Introduction

[1] This is an appeal pertaining to a purchaser's claim for late delivery of vacant possession of a residential apartment against the developer.

[2] The Appellant and applicant in the judicial review in the High Court is a private limited company licensed under the Housing Development (Control and Licensing) Act 1966 ("HDA").

[3] The First Respondent and also the first respondent in the judicial review in the High Court is an individual.

[4] The Second Respondent and also the second respondent in the judicial review in the High Court is the tribunal established by the Ministry of Housing and Local Government pursuant to the HDA.

[5] We heard the appeal on 18 October 2024 and thereafter adjourned our decision to deliberate on the intricate issues of law advanced by the parties.

[6] Now having done so, we hereby give our decision together with the supporting grounds thereto.

Background

[7] By a written "contract to purchase" dated 14 February 2016 ("CP"), the First Respondent purchased from the Appellant a parcel identified as Unit No A-12-05, Level 12, Tower A in respect of the project development known as Triuni Residences in Batu Uban, Penan