RAKAN SETIA HOUSING SDN. BHD. v 1. ) MOHD RAFIQ BIN CHE ANI 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH

wa-25-287-09-2023 High Court (Mahkamah Tinggi) 3 December 2024 • WA-25-287-09/2023 • 13 min read
2 cases cited (0 SG, 2 foreign)

Catchwords

Housing Development (Control and Licensing) Act 1966 (“HDA”) — Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) (Amendment) Act 2022 (“Covid-19 Amendment Act”) — s 35 Contract — Agreement — Sale and purchase agreement — 1st respondent claimed liquidated ascertained damages (“LAD”) against applicant for delay in delivery of vacant possession — Settlement agreement between applicant and 1st respondent — Whether settlement agreement entered — Whether settlement agreement is certain and capable of being certain — Whether settlement agreement entered prior to the occurrence of the delay of vacant possession —Whether 1st respondent estopped by settlement agreement from filing claim at the Tribunal for Homebuyers Claim Tribunal decided allowing the LAD — Applicant filed judicial review application to quash tribunal’s award — Whether applicant entitled to liquidated ascertained damages — Whether tribunal committed error of law in LAD to 1st respondent — Whether award of tribunal was irrational — Whether award of tribunal ought to be quashed

Practice Areas

Contract

Judges (1)

Wan Ahmad Farid bin Wan Salleh Delivered

Counsel (4)

Hee & Lim (Seremban) Firm Nasyrah Ali & Co Firm Lim Hoon Shi Counsel Applicant Nasyrah Ezzan Counsel Respondent

Parties (2)

RAKAN SETIA HOUSING Sdn Bhd Applicant Mohd Rafiq bin Che Ani Respondent

Cases Cited (2)

MY (2)
[2020] MLJU 983 [2022] 10 MLJ 153

Judgment

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Read on eJudgment

Source: eJudgment (wa-25-287-09-2023)