The Star Malaysia - StarBiz

Ministry officials, Rehda reps to meet over Federal Court ruling

- By THEAN LEE CHENG starbiz@thestar.com.my

PETALING JAYA: Developers and their legal representa­tives are taken aback by the result of Tuesday’s ruling by the Federal Court which nullified the extra time sought by developers to complete their projects.

A meeting between ministry officials, representa­tives of the Real Estate & Housing Developers’ Associatio­n (Rehda) and their legal representa­tives will be held today to discuss the apex court’s decision, sources said.

The invitation to stakeholde­rs from the ministry said “the meeting is to determine the action (to be) taken following the Federal Court decision”.

The meeting will be chaired by National Housing Department director-general N. Jayaselan.

Rehda president Datuk Soam Heng Choon said he would issue a statement after today’s meeting. Rehda has 1,461 registered members.

“Please don’t pre-empt any incorrect interpreta­tion,” he said on Tuesday.

Soam said the decision made (on Tuesday) is specific to BHL Constructi­on Sdn Bhd’s case while the National House Buyers Associatio­n said it is retrospect­ive.

Tuesday’s apex court ruling nullifying the extension of time granted to developers by the ministry’s housing controller – which comes at the expense of house buyers – have thrown open a scenario where more aggrieved house buyers are expected to seek legal action.

The financial implicatio­ns of that ruling would be massive for both developers, the banks and buyers.

On Tuesday, Chief Justice Tan Sri Tengku Maimun Tuan Mat, leading a five-member panel, ruled that “as a result of the extended time given by developers, the purchasers were unable to claim for liquidated ascertaine­d damages (LAD)”.

Tengku Maimun said the ministry did not give the house buyers an opportunit­y to be heard, that the action of the ministry “does not appear... to protect or safeguard the purchasers, but rather the developer...”

That case involved 104 buyers of Sri Istana Condominiu­m in Old Klang Road by developer BHL Constructi­on.

Between 2014 and July 2019, the ministry granted developers a total of 523 extensions, which translates into 77% of 678 applicatio­ns over a five-year period.

On an annualised basis, 87% of applicatio­ns were successful in 2014 and 78% in 2015. In 2016, 79% applicatio­ns were successful, 78% in 2018. Up to July 2019, there were 61 applicatio­ns, 46 were approved,

or 75%.

Datuk Seri Abdul Rahman Dahlan was the Urban Wellbeing, Housing and Local Government Minister from 2014 until June 2016, after which came Tan Sri Noh Omar until the fall of the Barisan government.

It is to be noted that these applicatio­ns for extra time to complete their projects came at a period when the property sector was red hot, which spurred developers to carry out multiple launches.

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