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PRESS STATEMENT

PS140903JR
For Release 14 September 2003

FREE LEGAL AID ON LANDMARK CASE

With the recent High Court’s ruling that the House Buyers’ Tribunal has no jurisdiction to hear complaints where the Sales and Purchase Agreements were signed prior to its appointment, the following are the immediate outcome:

- Scores of aggrieved house buyers who had sought redress through the Tribunal and who have won their cases against their housing developers will now have the awards nullified and they go back to square one.

- Hundreds of aggrieved house buyers who have submitted their grouses and who are awaiting the Tribunal to adjudicate their cases will now have their cases thrown out.

- Thousands perhaps tens of thousands of aggrieved house buyers who are having problems with their developers and who are contemplating seeking the Tribunal to redress their grievances, can now forget the idea unless the High Court’s decision is reversed. The sad point is that most of these complainants are already financially exhausted spending the bulk of their life long savings in the purchasing of the houses. Hence civil litigation in the civil courts is out of question due to financial reasons.

- Errant, irresponsible and deceitful developers can continue with their wayward ways, fully aware that many of the aggrieved house buyers will not be able to pursue their cases through the civil courts.

Such is the ramifications of the recent High Court decision and only a victory in the Court of Appeal can reverse the situation.

National House Buyers Association (HBA) lauds the announcement by YB Dato’ Seri Ong Ka Ting, Minister of Housing & Local Government in conjunction with the AG’s Chambers that the related appeal had been filed in the Court of Appeal against the decision of the High Court.

We are delighted that the Minister has continued to show compassion on the sufferings of the affected house buyers. This is in line with the judicial reforms that had been put in place in the Government’s efforts to protect the house buying public who have suffered too long without a special court to seek redress. HBA is hopeful that the Minister would contend that the Tribunal would serve the public without undue impediments and that his Ministry would take stern action to ward off all attempts to frustrate its functions.

As a matter of public interest, volunteer lawyers have come forward to offer their time, effort and expense in order to represent the affected buyers in these test cases on a ‘pro bono’ basis (ie. No legal fees). This is in line with our objectives of ‘striving for house buyers’ rights and interests’. This is also testimony to the fact that HBA is supportive of the Government especially the Ministry of Housing & Local Government’s effort when the housing laws were made consumer friendly to a certain degree. We reiterate that HBA is on the side of the laws that formulated the existence of the Tribunal for Home Buyer Claims.

The affected house buyers will be filing the Appeal through their volunteer lawyers by next week.



Chang Kim Loong
Secretary-General
National House Buyers Association