Johor developer who lost to buyer to appeal in Federal Court

The housing tribunal in Johor Bahru awarded a house buyer RM50,000 last year after he claimed that several pages in the sale and purchase agreement he signed were changed without his knowledge. (Reuters pic)

PETALING JAYA: The developer of a mega project in Johor who lost his appeal against a Singaporean house buyer will take its case to the Federal Court

Lawyer Leonard Yeoh told FMT Country Garden Danga Bay Sdn Bhd (CGDB), the developer of the Danga Bay project, had instructed him to file an appeal against the Court of Appeal ruling.

“I will be framing the legal questions within one month to obtain leave, as required under the Courts of Judicature Act,” he said.

A civil appeal to the apex court is not automatic. An applicant needs to raise novel questions of law of public advantage or constitutional issues.

Last Wednesday, a three-member bench chaired by Kamardin Hashim said there was no merit in the appeal by CGDB.

However, no grounds were provided by the panel.

The purchaser, Ho Chee Kian, was awarded RM15,000 in costs.

The housing tribunal in Johor Bahru awarded Ho compensation of RM50,000 last year after he claimed that several pages in the sale and purchase agreement he signed on Aug 23, 2013, were later changed by CGDB without his knowledge.

Ho said he was given a stamped copy of the document and alleged that it contained significant differences from the original.

As a result, he said, he was handed the keys to a RM1.6 million condominium unit which he had not agreed to buy. The keys were given to him in November 2017, he added.

CGDB applied for a judicial review, naming Ho and the tribunal as respondents. However, its application was dismissed.

On Dec 27 last year, High Court judge Mohd Ivan Hussien said there should have been no amendments once the plans were approved and sales had begun as there were no clauses allowing for changes.