Of LAD and booking fees

The Chief Justice of Malaysia, Tun Tengku Maimun Tuan Mat, said that the HDA and its subsidiary laws are social legislation. In the judgement, the apex court also said that Regulation 11(2) was amended to even stricter terms, and everyone, not just developers, is prohibited from collecting booking fees.

TWO landmark judgements by the Federal Court – one in November 2019 and the other just last week – have significant impact on the property sector, as the court’s ruling has thrown a spanner in the works of how developers behave in practice.

In the first case, the Federal Court in Ang Min Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor and Other Appeals, ruled that the Controller of Housing has no power to grant an extension of time (EOT) for a housing developer to complete a project.