ANG MING LEE & ORS v. MENTERI KESEJAHTERAAN BANDAR, PERUMAHAN DAN
KERAJAAN TEMPATAN & ANOR AND OTHER APPEALS
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ, AZAHAR MOHAMED FCJ, ALIZATUL KHAIR OSMAN FCJ,
IDRUS HARUN FCJ, NALLINI PATHMANATHAN FCJ
[CIVIL APPEALS NO: 01(f)-38-10-2018(W), 01(f)-41-10-2018(W), 02(f)-95-10-2018(W),
02(f)-96-10-2018(W), 02(f)-97-10-2018(W) & 02(f)-98-10-2018(W)]
26 NOVEMBER 2019
[2019] CLJ JT (9)

ADMINISTRATIVE LAW: Judicial review - Developer and purchasers entered into sale and purchase agreements ('SPAs') - Liquidated ascertained damages ('LAD') - Application for extension of time to Controller of Housing ('Controller') under reg. 11(3) Housing Development (Control and Licensing) Regulations 1989 ('Regulations') rejected - Appeal to Minister - Letter granting extension of time signed by Ministry officer on behalf of Controller, not Minister - Whether decision by Controller or Minister - Whether Controller's decision appealable - Whether Minister has power to hear appeal - Whether Minister's decision in granting extension of time valid - Whether Housing Development (Control and Licensing) Act 1966 ('Act') confers powers to Minister to delegate duty to Controller - Whether reg. 11(3) of Regulations ultra vires Act

LAND LAW: Vacant possession - Extension of time - Developer and purchasers entered into sale and purchase agreements ('SPAs') - Failure to deliver vacant possession within 36 months - Application for extension of time to Controller of Housing ('Controller') under reg. 11(3) Housing Development (Control and Licensing) Regulations 1989 ('Regulations') rejected - Appeal to Minister allowed - Purchaser aggrieved due to inability to claim for liquidated ascertained damages - Letter granting extension of time signed by Ministry officer on behalf of Controller, not Minister - Whether Controller has power to waive rights of purchasers to claim liquidated ascertained damages