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Developer apply Judicial review for my tribunal award

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asked on May 17, 2017 at 15:20
by   hui0618
Hi,

We are a group of buyer claim LAD through housing of tribunal in JB. Some of us received award frm tribunal but developer refuse to pay and they now try to file Judicial review in high court. They issue letter to tribunal to postpone on going case in tribunal. 

It is worth to continue JR or we shall settle with developer with unfair amount offer.

1. Is high court will give the leave for all tribunal case ? Is the chance high. 
2. How much is the legal fee we need to pay to hire a lawyer  if the developer obtained leave for JW? Can we back charge to developer for all legal fee?
3. I saw from an article mentioned that the developer to quash the tribunal award is low unless tribunal make a signification mistake. Actually we place booking date on april 2013 and SNP date was OCT. We get our VP on Oct 2016.  In tribunal , developer also filled counter claim to buyer. They want to take back all debate and also move in bonus.

We should pay 10% down payment upon sign the SNP  but developer has give the purchaser 8% debate so we only need to pay the remaining 2% ( RM11400) . Developer would like to revoke the debate of RM 65600( Debate 8% RM 45600 + Move in bonus RM20000) 
* Move in bonus is RM20000 cash pay by developer 2 weeks after we receive vacant possession.

Below is the reply from developer.

Kindly confirm whether you insist that the date of the Sale and Purchase Agreement should be the same date as the date of your payment of RM 2,000.00. If affirmative please note that without prejudice to our rights and defenses we shall claim from you the Rebate and Move-in Bonus in the sum of RM 65,600.00 as you did not comply with the condition for the same in that the security documents for the Loan were not executed within thirty (30) days from the date of the Sale and Purchase Agreement.
 
As for the claim of late delivery damages in respect of the Common Facilities, we are advised that clause 27(2) is applicable only if common facilities is completed after delivery of vacant possession of the Parcel as the phrase ‘liquidated damages …. at 10% per annum of the last twenty per centum (20%) of the purchase price’ implies that Developer is liable if the last 20% of the Purchase Price has been settled.  In the present matter we have delivered vacant possession of the Parcel only after completion of common facilities.
 
Please let us have your reply to enable us to advise our Management accordingly. Thank you.

Anyone here can advice.

Thank you.
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answered on May 17, 2017 at 16:48
by   vkpc
1. How many buyers in your group?
2. How many buyers has been awarded by the tribunal what is the award amount?
3. How many buyers still on going case at the tribunal?

They issue letter to tribunal to postpone on going case in tribunal. 
The letter cannot force a postponement at the tribunal.
I suggest that you reply the letter saying that you do not agree with the postponement proposal and then attend the tribunal hearing and continue the case there to completion.
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answered on May 17, 2017 at 18:53
by   hui0618
1. About 30 buyers. Another group 12 ppl just filed on last week. Total will be 40++
2. 6 buyers been awarded range from 4k to 30k.
3. 20++ still pending from tribunal hearing date arrangement. All of use already attended at least one time in tribunal. My case been postponed twice. First time president said Developer counterclaim so i need to proceed borang 3 ( Developer revoke my rebate which is more than 50k). Second time president said he received request from developer to postpone as developer already apply Judicial review and tribunal want to wait for the judicial review result so he cannot proceed with hearing.

We didnt see the letter to postpone the hearing. We been informed by judge that developer apply for postpone and the president accepted the postpone and ask us come back on next hearing. 

Thank you.
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answered on May 17, 2017 at 19:38
by   vkpc
...as you did not comply with the condition for the same in that the security documents for the Loan were not executed within thirty (30) days from the date of the Sale and Purchase Agreement.
Which documents you did not execute?

How much is the legal fee we need to pay to hire a lawyer if the developer obtained leave for Judicial Review?
Assuming the lawyer legal fee for the Judicial Review is RM 60K, if all 30 buyers join in then RM 2k per person lah.  Of course you can always try look for cheaper lawyer.

Can we back charge to developer for all legal fee?
No.  But if you win, the High Court Judge will usually award some costs to be paid by the developer.
If the lawyer fee is 60k and the costs awarded is 30k, then remaining 30 k means each buyer pay only RM 1K to the lawyer.  If you lose, then you have to pay costs + legal fee la.

If cannot afford lawyer, can self represent like you did at Tribunal.
A few forumers here self represented in Judicial Review case and won against lawyers.
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answered on May 17, 2017 at 20:26
by   hui0618
Developer mention we diddnt execute loan document with a month. In face the bank is developer's panel bank. I don't think they can use this as an excuse to revoke all the debate given.

How long it will take for Judicial review?
Is the chance is high for  developer to obtain the leave for judicial review ?

Thank you.
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answered on May 17, 2017 at 21:26
by   vkpc
Kindly confirm whether you insist that the date of the Sale and Purchase Agreement should be the same date as the date of your payment of RM 2,000.00

Seems like the developer lawyer is trying to find a hole to fight the Judicial Review with this question.
Don't reply this letter yet unless you really know what you are doing.

Which date did you make payment of RM 2,000 and which date did you sign the S&P Agreement?

How long it will take for Judicial review? 
Depends on how fast their lawyer work.

Is the chance is high for  developer to obtain the leave for judicial review ?
About 70% chance they can obtain leave.
To obtain leave is much easier than winning.
However, if you don't go and contest the Judicial Review, their chances of winning will become very high.
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answered on May 17, 2017 at 21:50
by   hui0618
5 Cases won in the tribunal is base on Booking date to VP.

My Booking date us 17 Aug 2013 and SNP date is 20 Oct 2013.
I signed my S&P during I place my booking fee on 17 Aug 2013. 
Developer said they delay stamping because they want wait loan approve by bank only proceed to snp stamping.

Judicial review hearing normal one time can settle?

Seem like tribunal can't help much to protect buyer.  Alot buyer afraid Judicial review vert costly and they accept developer offer which is only less than 50% of claim amount.

Can we claim the facilities until vp date ? Developer said they complete facilities by Aug but we get our key on Oct. .

Thank you.
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answered on May 18, 2017 at 15:58
by   vkpc
Judicial review hearing normal one time can settle?
Normally about 4 to 5 times to do filing, mention, hearing and then decision.
Then need about 2 - 3 times more to finalize the Court order and costs.

Seem like tribunal can't help much to protect buyer.

All Courts in the world have an appeal process, in case the first judge made a mistake.
This Judicial Review at High Court is a form of appeal.
If you feel the tribunal president did not make a mistake, why are you scared of the Judicial Review?

Can we claim the facilities until vp date ? Developer said they complete facilities by Aug but we get our key on Oct. .
What did the Tribunal President say about this?  ( for the awarded cases? )

Alot buyer afraid Judicial review very costly and they accept developer offer which is only less than 50% of claim amount.
It is very costly if they use lawyer.

Actually it is even more costly for the developer.
If one case cost the developer RM 20k, ( lawyer quote lower price to developer because of volume )
20 cases will cost them RM 400k legal fees alone.  What if they lose at the High Court?
This is why the Judicial Review haven't started yet, because they are still hoping that buyers will get scared and take up the offer.
Buyers can go back to the Tribunal counter and ask them to fix a next hearing date so that the developer cannot delay the Judicial Review process.
This is important so that the developer cannot just pretend to go for Judicial Review to scare people.
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answered on May 18, 2017 at 16:54
by   hui0618
If you feel the tribunal president did not make a mistake, why are you scared of the Judicial Review? 

Can we hire a lawyer to represent all cases together if developer file JR case by case? Some of us only claim 8k, they think is not worth to spend another few thousand and few month for the judicial review.

What did the Tribunal President say about this?  ( for the awarded cases? ) 
Each president give different judgement. First case award until VP and second case award common facilities until  CPC ( Common facilities completion cert). Some judge even question why claim from booking date ,should be from snp date. Btw, all awarded amount is count from booking date to vp. 

For the pending cases in tribunal, can we revise the claim amount? We planning to claim until TNB meter install. We paid our tnb deposit to developer on Oct 2016. Until now TNB havent come to install meter and most of the resident using free electric ( Developer by pass the connection ).

Thank you so much for your help.It really help us alot.
 
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answered on May 18, 2017 at 18:22
by   vkpc
For the pending cases in tribunal, can we revise the claim amount? We planning to claim until TNB meter install.
Can try a few cases and see what the President of the Tribunal says.

Try call this lawyer
03-7981 1180 Leong Yeng Kong
and see how much it will cost per buyer for the Judicial Review.
Ask for Avengers discount.
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answered on May 18, 2017 at 18:45
by   vkpc
For Johor, maybe this lawyer
07-223 4968  Hisyam Teh Poh Teik.
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