Developer gets to appeal over tribunal's award to house buyer

A three-member bench led by Court of Appeal president, Datuk Rohana Yusuf allowed the leave application brought by Country Garden Danga Bay Sdn Bhd (CGDB) on four legal questions to be determined by the Federal Court in the appeal proper.

The other two judges presiding on the bench were Federal Court judges, Datuk Seri Mohd Zawawi Salleh and Datuk Zabariah Mohd Yusof.

CGDB had sought leave to appeal against the appellate court's Dec 11, 2019 decision of dismissing its appeal against the Johor Bahru High Court's decision.

The High Court, on Dec 27, 2018, dismissed CGDB's judicial review application for a certiorari order to quash the decision of the Johor Bahru Tribunal for Homebuyer Claims made in favour of Ho Chee Kian for a claim of damages for breach of the sales and purchase agreement.

Ho signed the sales and purchase agreement with CGDB on Aug 23, 2013 to purchase a condominium unit in the project.

He claimed that the unit should have a covered balcony but when the vacant possession was delivered, the balcony was not covered and he lodged a complaint to CGDB via a letter dated Dec 4, 2017.

Ho subsequently filed a claim with the Tribunal for Homebuyer Claims claiming for RM50,000 as compensation for the wrong unit that was given to him.

On June 7, 2018, the tribunal awarded Ho compensation of RM50,000, prompting CGDB to file a judicial review in the High Court in July 2018.

Among the legal questions are whether the homebuyer's claim that he has been allotted the wrong unit by the developer is maintainable after he has inspected and taken possession of and renovated the premises or whether by the law of estoppel and acquiescence, he is precluded from maintaining any such claim.

Lawyers Datuk Dr Cyrus Das and Leonard Yeoh represented CGDB, while lawyers Viola Lettice DeCruz and Chua Yi Xie appeared for Ho.