Kudos to housing legal eagles!

28/07/2003 MM By Dennis Chua

"A BOLD and courageous group who place public interest above self - we need more Malaysians like them."

Disgruntled housebuyers have these words of praise for a dozen lawyers brought together by the National House Buyers Association of Malaysia (HBA) to help them in a legal case affecting the Tribunal for Home Buyers Claims.

The 12 are to handle a situation where developers are seeking judicial review of the tribunal's locus standi to deal with cases where sale-and-purchase agreements (S&Ps) were executed before Dec 1 last year, the date when the tribunal took effect.

HBA secretary-general Chang Kim Loong said the lawyers would be helping house-buyers on a pro bono (no legal fees) basis.

This, he said, was in line with HBA's objective of striving for housebuyers' interests and rights.

"We see a dilemma where the financially spent buyers who sought redress through the tribunal would unwittingly be dragged into a legal hassle," Chang told The Malay Mail.

"They are now respondents in a judicial review case. They have limited financial resources after having spent a lot to acquire their houses.

"Thus, they would not have the financial  stamina against developers who might abuse the legal process and buy time deliberately appealing on all rulings against them."

The lawyers, some of whom have more than 20 years experience include Albert Soo, Andy Wong, T. Vicknaraj and Mohd Noh Nasira.

Chang said the tribunal was a means for the Government to provide easier access for housebuyers to seek redress from developers.

"This is why the legal team, which is representing more than 90 buyers, has come into action. We want to do our best to stop the move by some developers against the tribunal and its benefits for buyers," he said.

Chang said the tribunal was being challenged by some developers on the basis that it could not hear cases involving S&Ps made before Dec 1 last year.

"The Government has already said it could do so,"  he said.

The tribunal took effect under the Housing Development Control and Licensing Act 1966 (Revamped 2002).

Most of the buyers, who bought property in the Klang Valley did so as early as 1999.

Come Aug 4, the Appellate and Special Powers Division of the High Court will hear an application for judicial review by a housing developer against the tribunal and 50 buyers.

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

In its affidavit, Puncakdana stated that the tribunal had no jurisdiction to hear the claims as it only came into effect on Dec 1.

It is seeking a declaration that the tribunal has no jurisdiction to hear the claims of the 50 buyers.

One of the buyers, engineer Wong Kwai Weng of Puchong said: "I applaud this legal team. They are doing what few have done, to protect the interests of housebuyers."

Another buyer, consultant Angeline Lesslar said: "It is a noble move by the team to help us without added costs."