Deputy Minister for Public Health, Housing and Local Government II Michael Tiang welcomes Kuching High Court\u2019s decision that ruled Liquidated Ascertained Damages (LAD) for late delivery of properties in Sarawak only starts from Sales & Purchase Agreement (SPA), not from the date of booking.<\/p>\n\n\n\n
Tiang said the decision has come at the right time and has cleared the air of confusion among the developers and house purchasers in Sarawak.<\/p>\n\n\n\n
\u201cThe High Court\u2019s decision is important as since the last Federal Court\u2019s decision, the said decision from the apex court has caused huge concerns among the developers in Sarawak.<\/p>\n\n\n\n
\u201cToday\u2019s High Court decision rightly interprets Sarawak ordinance that the relevant provisions on the subject matter are not the same as the laws in the Peninsular Malaysia,\u201d he said.<\/p>\n\n\n\n
Tiang, who is also Pelawan assemblyman said the Federal Court in West Malaysia had ruled that LAD starts when the house or apartment buyers paid for the booking fee.<\/p>\n\n\n\n
He said High Court decision clarified that the booking is not a commitment or a contract.<\/p>\n\n\n\n
Instead, it is only an option for the developers to buyers that they are interested to buy the properties.<\/p>\n\n\n\n
\u201cThe real contract starts when the buyers signed the sales and purchases agreement,\u201d he said.<\/p>\n\n\n\n
Meanwhile, RJ Realty Sdn Bhd had applied for a judicial review in the Kuching High Court for cases where the Sarawak Housing Tribunal have been following the Federal Court\u2019s decision in PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and Other Appeals in awarding LAD for late delivery of properties from the date of booking.<\/p>\n\n\n\n
A decision that created concern among house developers.<\/p>\n\n\n\n
Today, Kuching High Court ruled that Federal Court\u2019s decision on PJD Regency Sdn Bhd case is not applicable to Sarawak and Sabah.<\/p>\n\n\n\n
High Court Judicial Commissioner Alexander Siew How Wai ruled that PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah & Anor and Other Appeals were decided under West Malaysian Housing Development (Control and Licensing) Act 1966 and Regulations, which is not applicable in Sarawak.<\/p>\n\n\n\n
He said though there are similarities in the wordings, the Sarawak Housing Development (Control & Licensing) Ordinance 2013 are not in pari materia (on the same subject matter) with the West Malaysian Housing Act.<\/p>\n","protected":false},"excerpt":{"rendered":"
Deputy Minister for Public Health, Housing and Local Government II Michael Tiang welcomes Kuching High Court\u2019s decision that ruled Liquidated Ascertained Damages (LAD) for late delivery of properties in Sarawak only starts from Sales & Purchase Agreement (SPA), not from the date of booking. Tiang said the decision has come at the right time and has cleared the air of confusion among the developers and house purchasers in Sarawak. \u201cThe High Court\u2019s decision is important as since the last Federal Court\u2019s decision, the said decision from the apex court hasRead More<\/a><\/p>\n","protected":false},"author":1,"featured_media":28423,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[8,14,1,7],"tags":[],"_links":{"self":[{"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/posts\/30215"}],"collection":[{"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=30215"}],"version-history":[{"count":1,"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/posts\/30215\/revisions"}],"predecessor-version":[{"id":30216,"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/posts\/30215\/revisions\/30216"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=\/wp\/v2\/media\/28423"}],"wp:attachment":[{"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30215"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30215"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.suppnewsportal.com\/main\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30215"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}