Bhl Construction Sdn Bhd Federal Court

The court also found that regulation 11 3 of the regulations conferring power on the controller to waive and modify the provisions of the spas is ultra vires the housing development control and licensing act 1966 act.

Bhl construction sdn bhd federal court. By a sale and purchase agreement spa dated 3 may 2012 between bhl construction sdn bhd developer and the purchasers of units in sri istana condominium units it was agreed that vacant possession of the units shall be delivered within 36 months from the date of. In allowing the purchasers appeal the apex court of malaysia held that regulation 11 3 of the housing development control and licensing regulations 1989. The high court set aside the order by the minister to give a 12 month extension to bhl construction sdn bhd to. Bhl construction sdn bhd to complete the project.

A three member federal court bench led by justice datuk seri balia yusof wahi has granted leave to pose three questions of law from 104 housebuyers and two questions from developer bhl construction sdn bhd in its cross appeal. In february 2017 the high court in allowing a judicial review application by the purchasers had set aside the order. The legal team that appeared for the purchasers at the federal court in. On 24 september 2020 the construction court in kasugi prima sdn bhd v cobrain holdings sdn bhd kasugi prima held that federal court decisions in ireka engineering construction sdn bhd v pwc corporation sdn bhd 2020 1 clj 193 ireka engineering and jack in pile m sdn bhd v bauer malaysia sdn bhd and another appeal 2020 1 clj 299 jack in pile had no retroactive.

Dispute resolution ang ming lee v menteri kesejahteraan bandar perumahan dan kerajaan tempatan 1 facts. In feb 2017 the high court in allowing a judicial review application by the purchasers had set aside the order by the minister to give a 12 month extension to bhl construction sdn bhd to. The federal court found that the controller does not have the power to waive or modify any provision in the statutorily prescribed contract of sale under schedule h. The recent court of appeal decision in ct indah construction sdn bhd v bhl gemilang sdn bhd 2020 1 clj 75 confirms the statutory obligation of a principal to make direct payment to the subcontractor pursuant to section 30 of cipaa regardless of whether the main contractor was in liquidation.

Hba was represented by 12 lawyers led by datuk andy wong who undertook the case pro bono.