Fadason Holdings withdraws application
for judicial review
utusan.com.my 30/09/2004
KUALA LUMPUR Sept 29 - Housing developer Fadason Holdings Sdn Bhd
Wednesday withdrew its application to review the decision of the Tribunal
For Homebuyers Claims (TTPR), which early this year granted awards and
judgement in favour of 42 housebuyers.
High Court Judge Wan Afrah Datuk Paduka Wan Ibrahim allowed the withdrawal
of the application, which was filed last March, without costs.
The court on April 8 allowed Fadason Holdings, which was named as
applicant, to apply for a review of the decision of the TTPR on the 42
housebuyers, who were named as respondents.
In its application, Fadason Holdings among others applied for a certiorari
order to revoke the awards given by the TTPR to the respondents.
The TTPR between last February and March granted awards and judgement in
favour of the 42 respondents, who had applied for compensation for the
delay in the delivery of the vacant possession of the flats in Taman
Fadason, Jinjang near here, which they bought from the applicant.
Fadason Holdings, in its application for judicial review, contended that
the awards given by the TTPR were not consistent with Clause 22 of the
Sale and Purchase agreement where the delivery of vacant possession should
be made within 36 months from the date of the agreement, failing which the
respondents as housebuyers would be paid compensation at the rate of 10
per cent per year of the purchase price.
The applicant claimed that the compensation awarded by the TTPR to the
respondents from the first to 31st was not consistent with the clause
because it was calculated from a date prior to the date of the signing of
the Sale and Purchase agreement.
The respondents had also surrendered their absolute rights in the
agreement to the financial institutions financing the purchase.
However, the applicant, said all the respondents except the second, third,
ninth, 10th, 26th, 27th and 42nd did not obtain a written permission from
the financial institutions concerned to institute action in their own
names against the applicant as required under Section 22C of Housing
Development Act) (Control and Licensing) 1966.
Fadason was represented by HM Sean Yeow while the 42 respondents, some of
whom were present in court, by lawyers from the National House Buyers
Association.
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