Attorney-General to argue Govt's case

Malay Mail 06/09/2003

The Government will appeal against the High Court's decision that the Tribunal for Homebuyer Claims does not have jurisdiction to hear matters arising from sale and purchase agreements entered into prior to Dec 1 last year, said Housing and Local Government Minister Datuk Seri Ong Ka Ting.

He said that Attorney-General Datuk Seri Abdul Gani Patail had given an assurance that he would personally argue the case for the Government against the High Court's decision before the higher court.

"The Government would also seek an early date for the hearing of the appeal," Ong said in a statement issued yesterday.

He said the establishment of the tribunal was made to serve the best interest of the homebuyers in accordance with the law.

"The Government will no doubt explore every avenue to ensure that the actual purpose for the setting up of the tribunal will be served," he said.

The High Court ruled that the tribunal has no jurisdiction to hear and decide cases where the SPAs were entered before Dec 1 last year, when the tribunal was formed.

The court has allowed applications for judicial review by two housing developers against awards made by the tribunal in favour of six house buyers.

Ong said he respected the court's decision although he was surprised by it.

"I have also instructed my Ministry to look into all possibilities to ensure that the legitimate interests and rights of the homebuyers continue to be protected," he said.

He reminded developers that the moment they enter into SPAs with the homebuyers, there was already a contractual obligation which they should honour and fulfil. - Bernama