COURT OF APPEAL PUTRAJAYA
COUNTRY GARDEN DANGA BAY SDN BHD – Appellant
Versus
TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR – Respondent
| Table of Content |
|---|
| 1. preliminary facts regarding judicial review application. (Para 1 , 4 , 5 , 6) |
| 2. debate on the necessity of leave for appeal. (Para 2 , 3) |
[1] This was a leave application pursuant to s 68(1 )(a) of the Courts of Judicature Act 1964 ("CJA 1964"). The Johor Bahru High Court, on 27 December 2018, had dismissed the applicant's application for an order of certiorari to quash the Johor Bahru Tribunal for Homebuyer Claims' Award dated 7 June 2018. Hence the instant application for leave to appeal.
[2] During the hearing of the leave application, a preliminary issue arose as to whether leave was indeed required or whether the parties could appeal as a matter of right. The applicant took the position that leave was not required. However, in view of the conflicting decisions of the courts and the practice directions issued by this Court, the application for leave to appeal, we were told, was filed in the abundance of caution. The respondents, on the other hand, submitted that leave was required before an appeal can be filed as the value of the subject matter was less than RM250,000.00 as prescribed under s 68 of the CJA 1964.
[3] After hearing the parties and taking into co
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