ENCHANTING HEIGHTS SDN. BHD. v HANISAH BINTI MOHAMED MUSA

wa-12bncvc-15-01-2023 High Court (Mahkamah Tinggi) 19 September 2024 • WA-12BNCvC-15-01/2023 • 7 min read

2 cases cited (0 SG, 2 foreign)

Catchwords

Regulation 11(3) Housing Development (Control and Licensing) Regulations 1989 was declared by the Federal Court in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan to be ultra vires the Housing Development (Control and Licensing) Act 1966 – Federal Court’s judgment in Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd declares that ANG MING LEE has prospective effect only – Meaning to be applicable only to invalidate any extension of time granted by Housing Controller after ANG MING LEE was decided – All extensions of time granted prior to the decision of Federal Court in Ang Ming Lee are to be regarded as valid – Doctrine of Stare Decisis – High Court bound to follow Obata-Ambak to allow the housing developer’s appeal since the extension was granted in year 2015 before Ang Ming Lee was decided – Appeal of Appellant must be allowed

Judges (1)

Gan Techiong Delivered

Counsel (5)

Azhar Aziz & Associates Firm Tuang, Chu & Co. Firm Amirul Hakim Counsel Respondent Lim Suat Yee Counsel Appellant Syamsul Azhar Ab. Aziz Counsel Respondent

Parties (2)

ENCHANTING HEIGHTS Sdn Bhd Appellant Hanisah binti Mohamed Musa Respondent

Statutes Cited

Housing Development (Control and Licensing) Act 1966 (Cap 118)

Cases Cited (2)

MY (2)

[2020] 1 MLJ 281 [2024] 5 MLJ 897

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-12bncvc-15-01-2023)