Developer has to compensate buyers for delays of projects, Court says

 

Take them to task: According to the liquidated damages clause, condo buyers can claim 10 per annum of the purchase price for the delay

KUALA LUMPUR: The Housing Controller has no power to grant an extension of time to developers who delay the completion of housing projects, the High Court has ruled in a landmark judgment.

This means a housing developer has to pay compensation to the affected buyers for delays in the delivery of vacant possession.

High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah also held that the regulation which empowers the Controller to modify terms of the contract of sale was ultra vires the Housing Development, Control and Licensing Act.

The judge said this in allowing an application for judicial review by 71 buyers of the Sri Istana condominiums in Old Klang Road against the Housing Controller and Urban Well-being, Housing and Local Government Minister.

Their lead counsel Datuk Wong Kok Leong told The Star the judge held that the minister’s decision to grant the developer an extension of time to complete the project via a letter dated Nov 17, 2015 was invalid.

In the letter, the minister had granted the developer a 12-month extension to complete the project.

“This means that the Housing Controller has no power to grant an extension of time to housing developers for any delay in completing their projects,” Wong said.

“Now, the developer has to pay the liquidated damages (a pre-determined sum) for late delivery of vacant possession of those condominium units.”

Wong called the decision a landmark judgment as many project developers seek extensions to complete their projects in Malaysia.

“This is a victory for all house buyers. With this ruling, the housing developer can’t just go to the Housing Controller for an extension of time to complete the project in order to avoid paying the liquidated damages to house buyers.

“This is because if an extension of time is allowed, house buyers lose their rights to claim damages for late delivery of vacant possession,” he added.

Wong explained that according to the liquidated damages clause, the condo buyers can claim 10% per annum of the purchase price for the delay.

In their application for judicial review, the condo buyers stated that they wanted to quash the decision allowing BHL Construction Sdn Bhd an extension of time for the delivery of vacant possession from 36 months to 48 months.

They also asked the court for a declaration that Regulation 11(3) was ultra vires of the Housing Development Act (Control and Licensing) Act.

Wong said the judge has ordered the parties to address the issue of costs on the next date for case management.

When contacted, SFC Mohamad Rizal said the judge also allowed a similar application involving another group of condominium buyers involving the same developer and project.

Source: By  m. mageswari, royce tan, thean lee cheng, andeugene mahalingam, The Star

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Developer has to compensate buyers for delays of projects, Court says

 

Take them to task: According to the liquidated damages clause, condo buyers can claim 10 per annum of the purchase price for the delay

KUALA LUMPUR: The Housing Controller has no power to grant an extension of time to developers who delay the completion of housing projects, the High Court has ruled in a landmark judgment.

This means a housing developer has to pay compensation to the affected buyers for delays in the delivery of vacant possession.

High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah also held that the regulation which empowers the Controller to modify terms of the contract of sale was ultra vires the Housing Development, Control and Licensing Act.

The judge said this in allowing an application for judicial review by 71 buyers of the Sri Istana condominiums in Old Klang Road against the Housing Controller and Urban Well-being, Housing and Local Government Minister.

Their lead counsel Datuk Wong Kok Leong told The Star the judge held that the minister’s decision to grant the developer an extension of time to complete the project via a letter dated Nov 17, 2015 was invalid.

In the letter, the minister had granted the developer a 12-month extension to complete the project.

“This means that the Housing Controller has no power to grant an extension of time to housing developers for any delay in completing their projects,” Wong said.

“Now, the developer has to pay the liquidated damages (a pre-determined sum) for late delivery of vacant possession of those condominium units.”

Wong called the decision a landmark judgment as many project developers seek extensions to complete their projects in Malaysia.

“This is a victory for all house buyers. With this ruling, the housing developer can’t just go to the Housing Controller for an extension of time to complete the project in order to avoid paying the liquidated damages to house buyers.

“This is because if an extension of time is allowed, house buyers lose their rights to claim damages for late delivery of vacant possession,” he added.

Wong explained that according to the liquidated damages clause, the condo buyers can claim 10% per annum of the purchase price for the delay.

In their application for judicial review, the condo buyers stated that they wanted to quash the decision allowing BHL Construction Sdn Bhd an extension of time for the delivery of vacant possession from 36 months to 48 months.

They also asked the court for a declaration that Regulation 11(3) was ultra vires of the Housing Development Act (Control and Licensing) Act.

Wong said the judge has ordered the parties to address the issue of costs on the next date for case management.

When contacted, SFC Mohamad Rizal said the judge also allowed a similar application involving another group of condominium buyers involving the same developer and project.

Source: By  m. mageswari, royce tan, thean lee cheng, andeugene mahalingam, The Star

Related story:

A fair and right judgment, says housing developer 

Related posts:

Reponsible housing developers' traits and qualiies expected 

 

Who is responsible: developer, contractor, local council or house-owner for the damages? 

  Who is responsible for slope management? Does the responsibility come with the property bought by the purchaser? THE collapse of a...

House buyers, learn your rights

House buyers, learn your rights. I RECENTLY moved into our new house in Sungai Ramal Dalam. I bought the property back in 2012 and we received  

 

 

  We need local councillors who can do the job

I REFER to the article “Local govt polls may cause racial polarisation” ( Sunday Star, Jan 25) and would like to share my views on matters. ...

 

Councillors ready to serve Penangites to make a difference? 

HE Penang Island City Council (MBPP) and the Seberang Prai Municipal Council (MPSP) see 10 new faces among the list of councillors who swo... 

Police must act swiftly

Several recent crime cases have shaken Malaysians quite a bit. We leave it to our police force to provide answers to this madness.

RECENTLY, several widely reported crime cases, which many Malaysians are following, have really shaken us.

Yes, Malaysians complain a lot, and rightly so, about the never-ending burglaries and snatch theft cases in our neighbourhood and streets but these are merely incidents involving petty criminals.

Yes, we lose money and sometimes, there are fatalities involved but most are non-brutal and the motives are established quickly. I am not even talking about the high profile assassination of Kim Jong-nam, the exiled half-brother of North Korean dictator Jong-un, at the KLIA2 which has grabbed the world’s attention.

Kim Jong-nam's 'assassin' reveals her racy side in new pics ... - The Sun

The police have been swift – two women who committed the crime were arrested and other suspects were taken in while more North Korean suspects have been identified.

There has been plenty of noise from the North Korean embassy but the case is being wrapped up, with fresh leads being revealed to the public daily.

But what has disturbed me most is the disappearance of Pastor Raymond Koh Keng Joo, who is well-known among the Christian community in Malaysia.

It has been reported that on Feb 13, occupants of a van stopped the pastor’s car, a silver Honda Accord, along Jalan Bahagia, Petaling Jaya, and abducted him.

 

(Left) Koh: Abducted in broad daylight. (Right) Sameera: Brutally murdered.

He had earlier left his Prima Sixteen Chapter Two home in Jalan 16/18, Petaling Jaya, at about 10am to go to the Puncak Damansara Condominium in Kampung Sg Kayu Ara, not far away. Koh’s family said the 62-year-old was en route to a friend’s home.

So far, there has been no ransom demanded or motive identified. We still don’t know the reason for the kidnapping.

A CCTV footage, currently with the police, purportedly showed the abduction taking place on a busy road.

It is believed that the pastor’s abduction involved several vehicles. It was professionally and very swiftly executed.

The case is under the personal attention of Inspector-General of Police Tan Sri Khalid Abu Bakar, who announced that a special task force has been formed to investigate the case, saying police had recorded statements from eight witnesses but admitted that there had been little information to go on.

The team is led by Selangor Criminal Investigations Department chief Senior Assistant Commissioner Fadzil Ahmat.

The case is most baffling. Ours is not a South American or Middle Eastern country where people get abducted from busy streets.

The abductors appeared to be very organised, almost professional-like, in carrying out their task. One of them even diverted traffic while others grabbed Koh.

The fact that they have not demanded any ransom shows that they are not ordinary kidnappers looking for money.

The only possible answer is that some persons (or group) are not happy with the way he is handling his work. Koh’s colleagues have revealed that a bullet was sent to the pastor six years ago after the Selangor Islamic Religious Department (Jais) conducted a raid on a thanksgiving and fund-raising dinner organised at a church in Petaling Jaya, where he was accused of proselytising to Muslims.

Religious leaders of any faith must be mindful that attempting to convert anyone is really crossing the line. The majority of Muslims will not tolerate any attempt of proselytising, even in the most subtle form, and leaders of other faiths must understand and accept the sensitivity and reality of the situation.

However, any grievances or complaints relating to religion, a sensitive issue, should be directed to the religious authorities and police. In this case, the pastor was snatched away with no obvious clues, and no claims have been made.

This is distressing, and his wife has understandably sought counselling in Singapore as the family agonises over the unexplained incident.

In the absence of any information, this has led to speculation and it is unhealthy for Malaysia as we take pride in our religious diversity and tolerance in resolving conflicts.

The other widely talked about case involved transgender Sameera Krishnan, who was brutally murdered on Thursday. She was shot, had four fingers severed and suffered head injuries.

The cruelty inflicted on her was horrifying and something Malaysians just cannot imagine. Interestingly, Sameera was the main witness in her own kidnapping case two years ago and the trial has been set to begin early next month.

In 2015, she was rescued by police after she was abducted from her home in Klang, and repeatedly sodomised.

Enough. Malaysians must stand up and demand for justice. While Malaysia does not condone LGBT (lesbians, gays, bisexual, and transgender), this does not mean Sameera’s life is worth any less than ours. It doesn’t matter whether we refer to Sameera as him or her.

The fact is this – she was murdered and sexually violated. Her pride and dignity were snatched away from her and despite the prejudices of many Malaysians, this should not, in any way, diminish the diligence and commitment needed to solve the crime.

Her perpetrators must be brought to justice and if we have any conscience at all, we should all be furious. It will be abnormal to be indifferent about this. Sameera deserves justice, just like anyone else.

I believe that Malaysia is a country where minorities are protected. There are laws in our country and they are upheld.

The police have been professional, and I believe and respect our police force. They take every bit of information seriously and in my regular dealings with them, I have developed even more respect for them. They trudge on diligently despite their impossibly heavy work load.

I hope they will bring some sense and provide us answers to the madness and along the way, some reassurances to the public.

On The Beat By Wong Chun Wai The Star

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 27 years in various capacities and roles. He is now the group's managing director/chief executive officer and formerly the group chief editor.

Related news:

 Penang welcomes new state police chief | New Straits Times ...

 

Dicing with deadly diplomacy - Nation | The Star Online

 

 

 Kim Jong-nam's 'assassin' reveals her racy side in new pics ... - The Sun 

North Korea's Kim Jong Nam Killed With VX, the 'Most Toxic Weapon ..

Police sweep Kuala Lumpur airport after Kim Jong-nam death | Daily ...

 

 Pastor's wife seeks trauma counselling - Nation | The Star Online

 

Murder believed to be linked to a kidnapping - Nation | The Star Online

Slain woman lived life to the fullest - Nation | The Star Online

https://youtu.be/phQQ_gDStm4 

http://www.enanyang.my/?p=833246

 

Related posts: 

 

Lured by Korean movie led to murder of N Korean supreme commander's half brother Kim Jong-nam

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Kim Jong-nam's murder masterminds back in North Korea

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Police must act swiftly

Several recent crime cases have shaken Malaysians quite a bit. We leave it to our police force to provide answers to this madness.

RECENTLY, several widely reported crime cases, which many Malaysians are following, have really shaken us.

Yes, Malaysians complain a lot, and rightly so, about the never-ending burglaries and snatch theft cases in our neighbourhood and streets but these are merely incidents involving petty criminals.

Yes, we lose money and sometimes, there are fatalities involved but most are non-brutal and the motives are established quickly. I am not even talking about the high profile assassination of Kim Jong-nam, the exiled half-brother of North Korean dictator Jong-un, at the KLIA2 which has grabbed the world’s attention.

Kim Jong-nam's 'assassin' reveals her racy side in new pics ... - The Sun

The police have been swift – two women who committed the crime were arrested and other suspects were taken in while more North Korean suspects have been identified.

There has been plenty of noise from the North Korean embassy but the case is being wrapped up, with fresh leads being revealed to the public daily.

But what has disturbed me most is the disappearance of Pastor Raymond Koh Keng Joo, who is well-known among the Christian community in Malaysia.

It has been reported that on Feb 13, occupants of a van stopped the pastor’s car, a silver Honda Accord, along Jalan Bahagia, Petaling Jaya, and abducted him.

 

(Left) Koh: Abducted in broad daylight. (Right) Sameera: Brutally murdered.

He had earlier left his Prima Sixteen Chapter Two home in Jalan 16/18, Petaling Jaya, at about 10am to go to the Puncak Damansara Condominium in Kampung Sg Kayu Ara, not far away. Koh’s family said the 62-year-old was en route to a friend’s home.

So far, there has been no ransom demanded or motive identified. We still don’t know the reason for the kidnapping.

A CCTV footage, currently with the police, purportedly showed the abduction taking place on a busy road.

It is believed that the pastor’s abduction involved several vehicles. It was professionally and very swiftly executed.

The case is under the personal attention of Inspector-General of Police Tan Sri Khalid Abu Bakar, who announced that a special task force has been formed to investigate the case, saying police had recorded statements from eight witnesses but admitted that there had been little information to go on.

The team is led by Selangor Criminal Investigations Department chief Senior Assistant Commissioner Fadzil Ahmat.

The case is most baffling. Ours is not a South American or Middle Eastern country where people get abducted from busy streets.

The abductors appeared to be very organised, almost professional-like, in carrying out their task. One of them even diverted traffic while others grabbed Koh.

The fact that they have not demanded any ransom shows that they are not ordinary kidnappers looking for money.

The only possible answer is that some persons (or group) are not happy with the way he is handling his work. Koh’s colleagues have revealed that a bullet was sent to the pastor six years ago after the Selangor Islamic Religious Department (Jais) conducted a raid on a thanksgiving and fund-raising dinner organised at a church in Petaling Jaya, where he was accused of proselytising to Muslims.

Religious leaders of any faith must be mindful that attempting to convert anyone is really crossing the line. The majority of Muslims will not tolerate any attempt of proselytising, even in the most subtle form, and leaders of other faiths must understand and accept the sensitivity and reality of the situation.

However, any grievances or complaints relating to religion, a sensitive issue, should be directed to the religious authorities and police. In this case, the pastor was snatched away with no obvious clues, and no claims have been made.

This is distressing, and his wife has understandably sought counselling in Singapore as the family agonises over the unexplained incident.

In the absence of any information, this has led to speculation and it is unhealthy for Malaysia as we take pride in our religious diversity and tolerance in resolving conflicts.

The other widely talked about case involved transgender Sameera Krishnan, who was brutally murdered on Thursday. She was shot, had four fingers severed and suffered head injuries.

The cruelty inflicted on her was horrifying and something Malaysians just cannot imagine. Interestingly, Sameera was the main witness in her own kidnapping case two years ago and the trial has been set to begin early next month.

In 2015, she was rescued by police after she was abducted from her home in Klang, and repeatedly sodomised.

Enough. Malaysians must stand up and demand for justice. While Malaysia does not condone LGBT (lesbians, gays, bisexual, and transgender), this does not mean Sameera’s life is worth any less than ours. It doesn’t matter whether we refer to Sameera as him or her.

The fact is this – she was murdered and sexually violated. Her pride and dignity were snatched away from her and despite the prejudices of many Malaysians, this should not, in any way, diminish the diligence and commitment needed to solve the crime.

Her perpetrators must be brought to justice and if we have any conscience at all, we should all be furious. It will be abnormal to be indifferent about this. Sameera deserves justice, just like anyone else.

I believe that Malaysia is a country where minorities are protected. There are laws in our country and they are upheld.

The police have been professional, and I believe and respect our police force. They take every bit of information seriously and in my regular dealings with them, I have developed even more respect for them. They trudge on diligently despite their impossibly heavy work load.

I hope they will bring some sense and provide us answers to the madness and along the way, some reassurances to the public.

On The Beat By Wong Chun Wai The Star

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 27 years in various capacities and roles. He is now the group's managing director/chief executive officer and formerly the group chief editor.

Related news:

 Penang welcomes new state police chief | New Straits Times ...

 

Dicing with deadly diplomacy - Nation | The Star Online

 

 

 Kim Jong-nam's 'assassin' reveals her racy side in new pics ... - The Sun 

North Korea's Kim Jong Nam Killed With VX, the 'Most Toxic Weapon ...

Police sweep Kuala Lumpur airport after Kim Jong-nam death | Daily ...

 

 Pastor's wife seeks trauma counselling - Nation | The Star Online

 

Murder believed to be linked to a kidnapping - Nation | The Star Online

Slain woman lived life to the fullest - Nation | The Star Online

https://youtu.be/phQQ_gDStm4 

http://www.enanyang.my/?p=833246

 

Related posts: 

 

Lured by Korean movie led to murder of N Korean supreme commander's half brother Kim Jong-nam

Slain brother was complicated part of N orth Korean Dynasty https://youtu.be/T_kqhObm6U4 ‘Siti told me she was in a North Korean m... 

Kim Jong-nam's murder masterminds back in North Korea

https://youtu.be/fCSNNgzdgqI https://youtu.be/D5B5jom56Sc Official story: Noor Rashid speaking to the media during the press ...