GROUNDS OF JUDGMENTINTRODUCTION

[1]There are five appeals which were heard together given the commonality of issues in the questions of law raised for our determination. One appeal was filed by the purchaser of the condominium units, The Sentral Residences. The other appeals are appeals filed by the developers of the projects, Prema Bonanza Sdn Bhd (Prema) and Sri Damansara Sdn Bhd (Sri Damansara). The appeals were heard together despite there being different parties involved. We heard oral submissions by all learned counsels representing the respective parties and at the end of those submissions we indicated that we needed time to consider the respective submissions. We have now reached our decision and what follows below are our deliberations on the issues raised and our reasons as to why we have so decided.

[2]The central issue in all the appeals concerns the payment of Liquidated Ascertained Damages (LAD) as a result of this court’s decision in Ang Ming Lee & Ors v. Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2020] 1 ML J 281(Ang Ming Lee) declaring that Regulation 11(3)ultra vires the parent Act.

APPEAL NO.: 02(i)-70-08/2022 (W) (Appeal