LAD Claims Against Developers: Cases Since Ang Ming Lee

In Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor and other appeals [2020] 1 MLJ 281, the Federal Court held that the Controller of Housing does not have the power to extend the completion time of a housing development beyond the prescribed period under the Housing Development (Control and Licensing) Regulations 1989 ("the Regulations").

Post Ang Ming Lee, there are an increasing number of cases where purchasers of housing developments are suing the developer for the late delivery of properties. The cases relying on Ang Ming Lee involve claims for liquidated damages ("LAD") which are calculated based on the statutorily prescribed time under the Regulations, ignoring any extension of time given by the Controller of Housing.