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2014 MarsdenLR 1791

HIGH COURT MALAYA JOHOR BAHRU
OXBRIDGE HEIGHT SDN BHD – Appellant
Versus
TEOW LEONG HONG – Respondent


Table of Content
1. application for judicial review described. (Para 1 , 1)
2. overview of certiorari principles. (Para 2)
3. error of law in tribunal's decision-making. (Para 3 , 4 , 5)
4. legal standing and the nature of assignments. (Para 6 , 7 , 8 , 9)
5. tribunal's duty to consider unforeseen circumstances. (Para 10 , 11)

[1] This is an application under O 53 Rules of 2012 for judicial review seeking an order of certiorari to quash an award of the Tribunal For Homebuyers Claims (the Tribunal) made under reg 24(5) Housing Development (Tribunal for Homebuyer Claims) Regulations 2002 (the Regulations) wherein the respondent/homebuyer was awarded liquidated ascertained damages (LAD) for late delivery of his property by the applicant. The applicant was a licensed housing developer under the Housing Developers (Control and Licensing) Act 1966 while the respondent was a purchaser of a residential premises in a housing project undertaken by the former known as Bandar JP Perdana, Johor Bahru. The parties had entered into a sale and purchase agreement (SPA) in the statutory form which stipulates that delivery of vacant possession of the premises by the developer to the purchaser shall be not

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