On 26th November 2019, the Federal Court in the case of Ang Min Lee v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & 5 other appeals, issued a decision that will have an important bearing on the relationship between a housing developer and its purchasers of housing accommodation where the sale and purchase agreement is regulated by the Housing Development (Control and Licensing) Regulations 1989 (the “Regulations”).
In a nutshell, the relevant facts are that:
After a series of hearings and appeals, the Federal Court laid down the law as follows:
Comments
The Federal Court decision above does not deal with whether (and if so, how) a modification of a Schedule H contract can be lawfully made, whether on a unilateral application by a developer or a modification that is made with the consent of the purchaser.
Further, it is not clear how the decision affects all other projects where extensions of time have hitherto been granted to the developers by the Controller, in particular whether the purchasers may now pursue a claim for damages for late delivery.
It remains to be seen how housing developers will now respond to this landmark decision. Be that as it may, prompt decisive action would probably need to be taken to resolve the unanswered questions.
Contributed by:
Ng Sai Yeang (Partner)
(T): 603 – 2632 9877
(E): nsy@rdl.com.my
Wong Chee Chien (Associate)
(T): 603 – 2632 9930
(E): cheechien@rdl.com.my