RAKAN SETIA HOUSING SDN. BHD. v 1. ) MUHAMMAD FAHMI BIN IBRAHIM SAWAL 2. ) TRIBUNAL TUNTUTAN PEMBELI RUMAH

wa-25-367-11-2023 High Court (Mahkamah Tinggi) 29 January 2026 • WA-25-367-11/2023 • 7 min read

4 cases cited (0 SG, 4 foreign)

Catchwords

Judicial review to quash decision of Tribunal for Homebuyers Claims-Tribunal made an award for LAD, the developer was late in delivering vacant possession-purchaser was asked to sign a letter-whether the letter can be understood to be settlement of LAD claims- Tribunal best placed to decide on the evidence-made a finding of fact it was not a settlement of LAD claim-award also challenged on grounds that excluded period in the COVID-19 Act not considered-on the evidence before the court, a reasonable inference can be drawn that it was considered-Applicant has not established that decision of Tribunal fell within the grounds for review

Judges (1)

Alice Loke Yee Ching Delivered

Counsel (5)

Hee & Lim Firm Maishi'Ah Jalidah & Associates Firm Lee Sze Jye Counsel Applicant Lim Hoon Shi Counsel Applicant Zul Sadiqqin bin Abdul Samad Counsel Respondent

Parties (2)

RAKAN SETIA HOUSING Sdn Bhd Applicant Muhammad Fahmi bin Ibrahim Sawal Respondent

Cases Cited (4)

MY (4)

[1995] 1 MLJ 308 [1997] 2 MLJ 317 [2013] 3 MLJ 145 [2021] 1 MLJ 447

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-25-367-11-2023)