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Federal Court grants Country Garden leave to appeal

06 Jul 2020 / 17:52 H.

PETALING JAYA: Country Garden Danga Bay Sdn Bhd (CGDB) has obtained leave to appeal to the Federal Court today against the decision of the Court of Appeal on Dec 11, 2019 regarding the award of the Johor Bahru Tribunal for Homebuyer Claims on June 7, 2018.

CGDB said its solicitors will submit requisite appeal documents to the Federal Court within 14 days, and the Federal Court will hear the appeal from CGDB against the Court of Appeal’s decision at a later date to be confirmed.

“CGDB has always been a law-abiding corporate citizen, having the utmost respect of the laws in force in Malaysia. CGDB values all our purchasers and we want to work together towards a harmonised community,“ CGDB said in a statement today.

It was reported that the High Court had on Dec 27, 2018, dismissed CGDB’s judicial review application for a certiorari order to quash the decision of the Johor Bahru Tribunal for Homebuyer Claims made in favour of Ho Chee Kian for a claim of damages for breach of the sales and purchase agreement.

To recap, Ho signed the sales and purchase agreement with CGDB on Aug 23, 2013 to purchase a condominium unit in the project.

He claimed that the unit should have a covered balcony but when the vacant possession was delivered, the balcony was not covered and he lodged a complaint to CGDB via a letter dated Dec 4, 2017.

Ho subsequently filed a claim with the Tribunal for Homebuyer Claims claiming for RM50,000 as compensation for the wrong unit that was given to him.

On June 7, 2018, the tribunal awarded Ho compensation of RM50,000, prompting CGDB to file a judicial review in the High Court in July 2018.

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