[2019] CLJ JT (9)
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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

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

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