KUALA LUMPUR (July 6): Country Garden Danga Bay Sdn Bhd (CGDB) had today obtained leave from the Federal Court to challenge the decision delivered by the Court of Appeal on Dec 11 last year regarding a dispute between the housing developer of the Danga Bay project in Johor and a homebuyer. 

The Court of Appeal had previously dismissed an appeal filed by CGDB for a judicial review against a decision by the Johor Bahru Tribunal for Homebuyer Claims on June 7 favouring a Singaporean house buyer’s claim that the developer had delivered a different unit from the one he had agreed to purchase.

Ho Chee Kian, the purchaser, was awarded RM50,000 in compensation by the tribunal based on his claim that 25 out of 26 pages of his sale and purchase agreement, which he had signed on Aug 23, 2013, were amended by CGDB without his knowledge.

In a statement today, CGDB said its solicitors will submit the necessary appeal documents to the Federal Court within 14 days.

The apex court will then hear the appeal from CGDB against the Court of Appeal’s decision at a date to be confirmed later. 

“CGDB has always been a law-abiding corporate citizen, having the utmost respect [for] the laws in force in Malaysia.

“CGDB values all our purchasers and we want to work together towards a harmonised community,” it said.

In March 2018, a group of buyers of the development had complained of the shoddy workmanship in the development to the tribunal, alleging materials used were not in line with the details specified in the sale and purchase agreement. 

It had previously been reported that CGDB had agreed to a defect liability period of 27 months, constituting an additional three months to the usual 24 months period given.