Kamardin Hashim JCA:

Introduction

[1] This is an appeal against the decision of the learned Judicial Commissioner ('the learned JC') dated 27 December 2018 in dismissing the appellant's application for judicial review. The appellant's application was for an order of certiorari to quash the decision of the Tribunal Tuntutan Pembeli Rumah ('the Tribunal') made in favour of the 2nd respondent on 7 June 2018 ('the impugned Award'). The Tribunal had allowed the 2nd respondent's claim for damages for breach of the Sales and Purchase Agreement entered into between the appellant and the 2nd respondent on 23 August 2013. Dissatisfied with the decision of the learned JC, the appellant appealed to this court.

[2] We heard the appeal on 11 December 2019. After due deliberation and having carefully considered the submissions of all parties, we unanimously found that there are no merits in the appeal. Thus, the appeal was dismissed with costs. These are our reasons in dismissing the appeal.

Background Facts

[3] The appellant is a licensed housing developer under the Housing Development (Control and Licensing) Act 1966 ('the Act'), and a developer for a project known as Country Garden Danga