2 days ago
Court of Appeal upholds Sarawak homebuyers' right to claim from booking fee date
KUCHING: The Court of Appeal has upheld a ruling that late delivery compensation for homes in Sarawak should be calculated from the date the booking fee is paid, not the date of the sale and purchase agreement (SPA).
In a unanimous decision on Thursday (August 24), a three-member bench, comprising Datuk Azimah Binti Omar, Datuk Wong Kian Kheong and Datuk Ismail Brahim allowed an appeal by the Sarawak Housing Tribunal against developer Lien Dak Development Sdn Bhd, awarding costs of RM10,000.
The judgment followed the Federal Court's precedent in the PJD Regency case and the RJ Realty cases in Sarawak.
The dispute began when buyers Wong Sii Hieng and Ng Siew Eng complained to the Tribunal in 2021 over the late delivery of a Rock Road property purchased in 2016.
The Tribunal ruled in their favour, but the High Court later quashed the award.
The Court of Appeal has now reinstated the Tribunal's decision, reinforcing homebuyers' rights.
Separately, the Court allowed Sentoria Borneo Land Sdn Bhd to discharge its legal team in an ongoing appeal involving purchasers of Borneo Samariang Resort City serviced apartments.
The Tribunal, represented by the Sarawak State Attorney-General's Chambers, is defending its awards under the Housing Development (Control and Licensing) Ordinance 2013.
The case will return for case management on September 12, 2025.
