Free legal aid in landmark case

28/07/2003 The Star By Leong Shen-Li

Kuala Lumpur: A panel of lawyers will offer their services without legal fees to 50 house buyers who have been named as parties in a landmark High Court case brought by a developer against the Tribunal for Homebuyers Claims.

The 12 lawyers, who will be rendering their services through the National House Buyers Association Malaysia, will appear for the house buyers when application for judicial review by Puncakdana Sdn Bhd against the tribunal comes up for hearing on Aug 4.

Association secretary-general Chang Kim Loong said yesterday, the lawyers' decision to offer their services on a pro bono basis was in line with the association's objective of championing house buyers' rights.

Puncakdana had applied to the High Court's Appellate and Special Powers Division for a judicial review, stating the tribunal did not have jurisdiction to hear or determine claims brought before it by the 50 house buyers.

It stated that the Housing Development (Control and Licensing) Act did not expressly provide for retrospective effect and therefore could not hear or determine cases arising from sale and purchase agreements which were signed prior to Dec 1 last year, when the tribunal was formed.

It was seeking an order to quash the award given by the tribunal to nine of the 50 house buyers who had claimed for liquidated damages from the developer and wants a declaration that the award was invalid, beyond the tribunal's power and of no effect.

It was also seeking for an Order of Prohibition to stop the tribunal from proceeding with the hearing and determining of claims lodge by the remaining 41 house buyers.

The matter would be heard together with similar applications by two other developers, Westcourt Corporation Sdn Bhd and Fadason Holding Sdn Bhd.

These have been deemed as test cases as they would determine the jurisdiction of the newly formed tribunal.

Chang said the three developers had named over 90 house buyers as co-respondents.

"We are representing the 50 named by Puncakdana as they have approached the association for assistance. The others will probably be represented by their own lawyers," he said, adding that claims for late delivery amounted to between RM15,000 and RM22,000.

Chang said house buyers felt aggrieved as they are being dragged into a legal muddle by being named as co-respondents.

"The last thing they want is to be involved in court cases and spending their prime years chasing after developers. They should not be made to suffer more than what they are already going through," he said.

An affected house buyer, Wong Kwai Weng, said he was frustrated that the case had been referred to the courts.