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2019 MarsdenLR 2199
HIGH COURT MALAYA KUALA LUMPUR
PJD REGENCY SDN BHD – Appellant
Versus
TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR – Respondent
[Application For Judicial Review No: WA-25-177-07/2017]
Petitioner Advocates:Bahari Yeow Tien Hong,Ong Wei Shen ,Respondent Advocate: KL Wong
Certiorari is not a right but a discretionary remedy, with judicial review focusing on decision-making processes, not outcomes.
Headnote:Judicial review application by the Developer challenging the Tribunal's Award allowing claims for liquidated damages due to delay in vacant possession. The Developer contended errors of law regarding the computation of delay and lack of reasons for the award. However, the court found no errors warranting intervention, emphasizing that certiorari is a discretionary remedy, not an appeal, and upheld the Tribunal's determination based on established legal principles. The application was dismissed, maintaining the Tribunal's findings as valid.
| Table of Content |
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| 1. judicial review application seeks to challenge an award based on alleged legal errors. (Para 1 , 2) |
[1] This is the Applicant's ("Developer") application for judicial review, seeking to quash the Award of the Tribunal Tuntutan Pembeli Rumah ("Tribunal") dated 5 June 2017. In the said Award, the Tribunal had allowed the 2nd Respondent's ("Homebuyer") claim for liquidated damages in the sum of RM33,000.85 for the delay in the delivery of vacant possession of the property.
[2] The grounds of the application are illegality and irrationality, in that the Award is not only unreasonable but perverse as well.
