BLUDREAM CITY DEVELOPMENT SDN BHD v. KONG THYE & ORS AND OTHER APPEALS
COURT OF APPEAL, PUTRAJAYA
HANIPAH FARIKULLAH JCA
LEE SWEE SENG JCA
AHMAD NASFY YASIN JCA
[CIVIL APPEAL NOS: B-01(A)-55-01-2020, B-01(A)-56-01-2020, B-01(A)-57-01-2020,
B-01(A)-62-01-2020, B-01(A)-63-01-2020 & B-01(A)-64-01-2020]
24 JANUARY 2022
[2022] CLJ JT (2)

Abstract – The fact that the Controller of Housing has no power to make a decision under reg. 11(3) of the Housing Development (Control and Licensing) Regulations 1989 ('Regulations') does not take away the power of the Minister to make a decision under regs. 11(3) or 12 in an appeal from an invalid decision under reg. 11(3) of the Regulations. With or without regs. 11(3) or 12 of the Regulations, the Minister is empowered, under s. 24(2)(e) of the Housing Development (Control and Licensing) Act 1966 to 'regulate and prohibit the conditions and terms of any contract' between a licensed housing developer and a purchaser. The expression 'regulate and prohibit' is wide enough to include 'waive and modify' any provisions under reg. 11(3) of the Regulations.

ADMINISTRATIVE LAW: Judicial review – Judicial review challenging decision of Minister of Urban Wellbeing, Housing and Local Government ('Minister') – Appeal against – Minister granted extension of time of 17 months, from 42 months to 59 months, for developer to complete housing development – Whether purchasers were parties adversely affected – Whether Minister's decision valid in light of Ang Ming Lee & Ors v. Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor And Other Appeals – Whether Minister's decision tainted with procedural impropriety and irrationality – Whether there was breach of natural justice when purchasers were not heard – Whether court ought to interfere with Minister's decision – Whether Minister's decision ought to be set aside – Housing Development (Control and Licensing) Act 1966, s. 24(2) – Housing Development (Control and Licensing) Regulations 1989, reg. 11(3) & 12

read more