Tribunal decision quashed
16/12/2006 The Star By K.Suthakar

PENANG: The High Court has ruled that the Housing Tribunal has no jurisdiction to hear claims filed by eight Penang Municipal Council workers against the council over alleged defects in the council’s turnkey housing project in Jalan Veterinari.

High Court judge Justice Su Geok Yiam, in quashing the decision of the tribunal, said it (the tribunal) only had powers to hear claims brought against a licensed housing developer.

She said the council was not a licensed housing developer pursuant to the Housing Deve- lopment (Control and Licen- sing) Act 1966.

This, she said, was because the council had obtained an exemption from the Housing and Local Government Ministry from obtaining a housing developer’s licence to carry out the development prior to entering the Sale and Purchase Agree- ment with the house buyers.

The project had been completed before the amendments to the Act in 2002, therefore the provision under the amendments was rebuttable, she said.

She also held that although the court was bound by the Federal Court’s case of Wescourt Corporation Sdn Bhd vs Tribunal Tuntutan Pembeli, where the said case was distinguishable as there was no relationship of licensed housing developer and buyer as envisaged by the Act between the purchasers and the council.

The council has sought a judicial review to quash the tribunal’s decision on March 31 last year in dismissing the council’s preliminary objections as to the jurisdiction of the tribunal.

The council workers had filed claims, saying their employer had built them homes with defects.

Karin Lim and Shareen Abdul Manan represented the council while Carrina Yong appeared for the respondents.