JUDGMENT

Quay Chew Soon J:

Introduction

[1] Via this application for judicial review, the applicant applies to set aside an award dated 12 October 2023 granted by the 2nd respondent, the Tribunal for Homebuyer Claims ("Tribunal"). On 10 February 2025, I dismissed the judicial review application. Here are the grounds of my decision.

Background Facts

[2] The applicant is the developer of a housing development project known as 'Taman Kinding Perdana, Tanjung Rambutan, Ipoh, Perak Phase 1'.

[3] The 1st respondent is one of the home buyers of the aforementioned housing development project. On 25 October 2018, he signed a sale and purchase agreement ("SPA") with the applicant to purchase a single storey terrace house at a purchase price of RM248,000.00 ("property").

[4] Under cl 24(1) of the SPA, the applicant must deliver vacant possession of the property to the 1st respondent within 24 months from the date of the SPA. To wit, on or before 24 October 2020. However, vacant possession of the property was only handed over to the 1st respondent on 7 February 2023.

[5] Consequently, the 1st respondent filed a claim with the Tribunal at Kepala Batas, Penang. He claimed liquidated damages ("LAD") in r