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Developer apply Judicial review for my tribunal award

630 Views  ⚫  Asked 1 Year Ago
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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