Court of Appeal’s decision a good one, says Ka Ting

19/12/2003 The Star By Foong Pek Yee and Leong Shen-Li

KUALA LUMPUR: The Court of Appeal’s decision to reinstate all awards handed down by the Homebuyers Claims Tribunal to buyers of properties bought before Dec 1 last year is a very good decision, said Housing and Local Government Minister Datuk Seri Ong Ka Ting.

He stressed that the decision was in line with the purpose of amending the Housing Developers Act, “that is to protect the interest of housebuyers and a fair Act for responsible developers.”

“Most housebuyers have used up all their life savings to buy their one and only property in their life and for the sake of their family. Their interest and welfare must be well protected,” he said when asked to comment on the Court of Appeal’s decision in Putrajaya.

Ong said he was also glad that the decision would also enable the Homebuyers Claims Tribunal to “normalise its functions.”

Expressing his appreciation to Attorney-General Tan Sri Abdul Gani Patail for being present personally to represent the Government, Ong said: “From now on, I hope all developers will respect all contractual obligations entered with housebuyers.”

He pointed out that the Act was also good for the developers, adding that all parties involved should focus on playing their role well for a healthy housing sector in the long run.

On Sept 4, the High Court ruled in the test case of claims against Puncakdana and Westcourt Corp that the Tribunal had no jurisdiction to adjudicate cases in which the sales and purchase agreements were entered into before Dec 1, 2002.

Subsequently, the Opposition had, during the Parliamentary Sitting in October, tried to use it as another excuse to cut RM10 from Ong’s salary.

Speaker Tun Dr Mohamed Zahir Ismail, however, reminded the Opposition that the issue was still pending in the Court of Appeal and, as such, the issue should not be raised in Parliament.

Asked to comment on the incident, Ong reflected: “I insisted that the Act was properly amended and the Tribunal’s operations are in accordance to the law. I have full confidence in the Court of Appeal and am very happy over its decision.”

Meanwhile, National House Buyers Association secretary-general Chang Kim Loong also welcomed the decision as “a progressive and promising step towards its implementation.”

“This could not have been more timely as housebuyers’ sentiment is on the mend towards adequate protection for them,” he said in a press release yesterday, adding that it was a triumph for all housebuyers.

“Justice has prevailed and it is a new chapter for housebuyers’ protection.”

Chang said it was unprecedented to see the gathering of “housing legal eagles” holding the same legal opinion with the Attorney-General.