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Builder withdraws application

The Star 01/10/2004

FADASON Holdings Sdn Bhd withdrew its application at the High Court for a judicial review on a housing tribunal's decision last year to award 42 house buyers compensation for late delivery.

Judicial Commissioner Wan Afrah Wan Ibrahim allowed the withdrawal on Tuesday after counsel Sean Yeow informed the court that the developer did not intend to proceed with the application. No reason was given for the withdrawal.

Last year, the tribunal had awarded late delivery compensation, ranging from RM1,000 to RM4,000, to 507 owners of the low- and medium-cost apartments.

However, the High Court ruled the same year, following an application for review by Fadason, that the tribunal had no jurisdiction to hear or decide on cases where the sale and purchase agreement (SPA) was entered into before Dec 1, 2002, when the tribunal was formed.

This was overturned on June 14 by the Federal Court, which ruled that the tribunal was empowered to hear all disputes related to the SPAs brought before it.

 

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