PJD REGENCY SDN BHD v. TRIBUNAL TUNTUTAN PEMBELI RUMAH & ANOR AND OTHER APPEALS
FEDERAL COURT, PUTRAJAYA
TENGKU MAIMUN TUAN MAT CJ
NALLINI PATHMANATHAN FCJ
ABDUL RAHMAN SEBLI FCJ
ZABARIAH MOHD YUSOF FCJ
MARY LIM FCJ
[APPEALS NO: 01(f)-29-10-2019(W), 01(f)-30-10-2019(W), 01(i)-40-12-2019(M),
01(f)-41-12-2019(M), 01(f)-42-12-2019(M), 01(f)-4-02-2020(W), 01(f)-31-10-2020(W)]
19 JANUARY 2021
[2021] CLJ JT (1)
LAND LAW: Vacant possession – Late delivery – Claim for liquidated ascertained damages ('LAD') – Date of calculation – Whether begins from date of payment of booking fee or date of sale and purchase agreement – Whether Housing Development (Control and Licensing) Act 1966 and Housing Development (Control and Licensing) Regulations 1989 social legislations – Interpretation of – Intent of Parliament – Whether principles of statutory interpretation in relation to social legislation correctly applied – Whether developers to bear full extent of LAD payable to purchasers
LAND LAW: Housing developers – Late delivery of vacant possession – Claim for liquidated ascertained damages ('LAD') – Date of calculation – Whether begins from date of payment of booking fee or date of sale and purchase agreement – Whether Housing Development (Control and Licensing) Act 1966 and Housing Development (Control and Licensing) Regulations 1989 social legislations – Interpretation of – Intent of Parliament – Whether principles of statutory interpretation in relation to social legislation correctly applied – Whether developers to bear full extent of LAD payable to purchasers
STATUTORY INTERPRETATION: Construction of statutes – Intention of Parliament – Housing Development (Control and Licensing ) Act 1966 and Housing Development (Control and Licensing) Regulations 1989 – Whether social legislations for purpose of regulating relationship between weaker class of persons and stronger class of persons – Whether attempt by legislature to level playing field by mitigating inequality of bargaining power – Whether for protection of interests of purchasers – Whether principles of statutory interpretation in relation to social legislation correctly applied
