Court to hear bid for judicial review

NST 18/06/2003 By Rosnazura Idris

KUALA LUMPUR, Tues. - The Appellate and Special Powers Division of the High Court today fixed Aug 4 to hear an application for judicial review by a housing developer against the Tribunal For Home-buyers Claims and 50 housebuyers.

The matter was mentioned today before Judge Datuk Md Raus Sharif.

The application by developer Puncakdana Sdn Bhd will be heard with another matter involving developer Westcourt Corp Sdn and two housebuyers.

"Both matters will be test cases which will determine the jurisdiction of the tribunal.

Puncakdana, in its affidavit, stated that the tribunal has no jurisdiction to hear or determine the claims since the tribunal, which was established following the amendments of the Housing Developers (Control and Licensing) Act 1966, only came into effect on Dec 1.

The developer maintained that since Part VI of the amended Act did not expressly provide for retrospective effect, the tribunal could not hear and determine disputes arising from Sale and Purchase Agreements singed before Dec 1.

Puncakdana is seeking an order to quash the awards given by the tribunal to six of the 50 housebuyers who lodged complaints of late delivery of their houses and failure to complete the common facilities.

Puncakdana, in its application for the judicial review, wants a declaration that the awards were invalid, ultra vires, void and of no effect.

It is seeking a declaration that the tribunal had no jurisdiction to hear and determine the claims lodged by the 50 housebuyers.

It is also seeking for an Order of Prohibition prohibiting the tribunal from proceeding wit hearing and determining the claims lodged by the remaining 44 housebuyers, costs and other relief deem fit by the court.