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On 31 July 2024, we wrote an alert on the Federal Court's decision of Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd (Civil Appeal No. 02(i)- 76-08/2022(W)), which was delivered on 26 July 2024 (see Malaysia: Federal Court in Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd).
To recap, the Federal Court in Obata-Ambak unanimously decided that Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor and other appeals [2020] 1 MLJ 281 is to be applied prospectively, not retrospectively.
Ang Ming Lee had previously decided that the Minister of Housing and Local Government cannot delegate his powers under the Housing Development (Control and Licensing) Act 1966 to grant an extension of time (EOT) to the Controller to a developer. As a result, the developers could not rely on EOTs obtained from the Controller and were exposed to liquidated ascertained damages.
This alert follows our previous alert on this case and looks to summarise the facts and the Federal Court's findings on the questions of law before it.
Click here to read the full alert.
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