The Court of Appeal dismissed the appeal recently made by the developer of a mega project located in Johor, covering a judicial review filed against a Singaporean home buyer.
The three-member bench composed of Hanipa Farikullah, Harminder Singh Dhaliwal and chaired by Kamardin Hashim, said the appeal of Country Garden Danga Bay Sdn Bhd (CGDB) (Danga Bay project’s developer) hadCGDB can elevate the case to the Federal Court, but must first acquire leave for its appeal to be heard. no merit, reported Free Malaysia Today.
The housing tribunal in Johor Bahru awarded the buyer, Ho Chee Kian, a RM50,000 compensation last year based on his claim that 25 of the 26 pages of the sale and purchase agreement that he signed on 23 August 2013 were altered by CGDB without his knowledge.
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He also alleged that the stamped copy of the document given to him contained significant alterations from the original.
Because of that, he said, he was given a RM1.6 million condominium unit which was different from the one he agreed to purchase.
CGDB filed for a judicial review, naming the tribunal and Ho as respondents. The application was, however, dismissed.
On 27 December 2018, High Court judge Mohd Ivan Hussien noted that no amendments should have been done once the plans were approved and sales begun since no clauses existed allowing changes.
Ho said the developer should not short-change its buyers and instead deliver what was promised.
“The authorities should send a deterrent message to the market not to tamper with the sale and purchase contents,” he emphasised.
CGDB can elevate the case to the Federal Court, but must first acquire leave for its appeal to be heard.
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