PUTRAJAYA: The Court of Appeal has fixed March 26 to decide on an appeal by the government relating to extension of time for a condominium project last year.
Judge Datuk David Wong Dak Wah fixed the date after hearing submissions from the appellant, led by senior federal counsel Khairul Nizam Mohd Kamal, and the respondents, represented by Datuk Andy Wong today.
The appeal was filed by the Urban Wellbeing, Housing, and Local Government ministry against the High Court decision which ruled that the Housing Controller has no power to grant an extension of time to developers who cannot deliver vacant possession on contracted dates.
In handing down the judgment then, the High Court (Appellate and Special Powers) judge Datuk Hanipah Farikullah said the regulation which empowers the Controller to modify terms of the contract of sale was ultra vires the Housing Development, Control and Licensing Act.
In their application for judicial review, 104 house buyers of Sri Istana Condominium in Jalan Klang Lama stated that they wanted to set aside the decision allowing BHL Construction Sdn Bhd an extension of time for the delivery of vacant possession from 36 months to 48 months.
BHL Construction was the developer in the construction of the condominium where 104 respondents had entered into a sale and purchase agreement with them.
The developer failed to complete and hand over the units to the purchasers and wrote to the Controller of Housing under the ministry for an extension of time.
However, their appeal was rejected, thus leading them to file an appeal to the minister who, on Nov 17, 2015, allowed an extension of 12 months.