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ARTICLE · 25 SEPTEMBER 2020

Development Since Ang Ming Lee

Courts are bound by the doctrine of stare decisis and will follow the Federal Court's decision in Ang Ming Lee in holding that Reg. 11(3) of HDR is ultra vires.

MalaysiaLitigation, Mediation & Arbitration
In Alvin Leong Wai Kuan & Ors v Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Ors And Other Applications [2020] 6 CLJ 55, the High Court allowed the purchasers' judicial review applications for an order to quash the Minister of Housing and Local Government's decision that allowed the developer up to 59 months to deliver vacant possession of the parcels to the purchasers.

Justice Wong Kian Kheong held that His Lordship was bound by the Federal Court judgment in Ang Ming Lee & Ors v. Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals [2020] 1 CLJ 162 and held that Reg. 11(3) of the Housing Development (Control and Licensing) Regulations 1989 ("HDR") is invalid, therefore, the Controller of Housing cannot exercise any power under Reg. 11(3) of the HDR to extend the 36 months period as prescribed in Schedule H of the Housing Development (Control and Licensing) Act 1966 ("HDA").

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