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HIGH COURT MALAYA KUALA LUMPUR
SOUTHVILLE CITY SDN BHD – Appellant
Versus
WONG SWEE BEE & ANOR – Respondent
| Table of Content |
|---|
| 1. judicial review application for tribunal award (Para 1 , 2) |
| 2. facts leading to tribunal's award for damages (Para 3 , 4 , 5 , 10 , 12) |
| 3. facts establishing the context of the development and homebuyer agreement. (Para 13) |
| 4. governing principles of judicial review (Para 14 , 15) |
[1] This is an Application for Judicial Review dated 22 November 2018 pursuant to O 53 of the Rules of 2012, inter alia, for an Order of Certiorari to quash the Award of the Tribunal for Homebuyers Claims dated 25 October 2018. ("Award").
[2] Having considered the application and the submission of the parties, this Court has allowed the application with costs.
The Salient Facts
[3] The applicant ("Developer") is a developer for a housing project known as "Savanna Executive Suites, Southville City", Kuala Lumpur ("Project").
[4] On 21 September 2013, before the Project was launched, the 1st respondent ("Homebuyer") decided to secure the opportunity to purchase a parcel of the Project ("Property"), and vide an Irrevocable Offer to Purchase /Option to Purchase /Confirmation By the Stakeholders ("the said Letter") dated 21 September 2013, the Homebuyer appointed Messrs A Rahim & Co ("th
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