Event

Event

 

CPD Live | Impact of The Federal Court Decisions in PJD Regency 2021, Ang Ming Lee 2020, Country Garden Danga Bay 2021 for Liquidated Ascertained Damages (‘LAD’) Claims and Delivery of Vacant Possession (‘VP’)

7 Jul 2021 - Wed / 1 day / 3:00pm - 4:30pm / Webinar

There has been much development in the housing development sector with decisions from our Apex Court, which have come down hard on developers governed by the Housing Developers (Control and Licensing) Act 1966 (“HDA”) and Housing Developers (Control and Licensing) Regulations 1989 (“HDR”). The decisions have centred on issues of liquidated ascertained damages (“LAD”) and computation from the booking payment dates. The decisions have ruled
on the lawfulness of the extension by developers of the time period of the completion of a subject project and attempts to contract out of the HDA. Conversely, the Apex Court has decided fairly in favour of developers against purchasers who ought to be penalised with reason.

This webinar will analyse these important landmark decisions to better understand the true purport and intent whilst appreciating the rationale of those decisions by contrasting with other decided case authorities by our honourable Courts.

Organisers: Bar Council

CPD Points: 1
Event Code:
T5/07072021/BC/BC213028/1

Description

There has been much development in the housing development sector with decisions from our Apex Court, which have come down hard on developers governed by the Housing Developers (Control and Licensing) Act 1966 (“HDA”) and Housing Developers (Control and Licensing) Regulations 1989 (“HDR”). The decisions have centred on issues of liquidated ascertained damages (“LAD”) and computation from the booking payment dates. The decisions have ruled
on the lawfulness of the extension by developers of the time period of the completion of a subject project and attempts to contract out of the HDA. Conversely, the Apex Court has decided fairly in favour of developers against purchasers who ought to be penalised with reason.

This webinar will analyse these important landmark decisions to better understand the true purport and intent whilst appreciating the rationale of those decisions by contrasting with other decided case authorities by our honourable Courts.

Speaker

Ranjan N Chandran graduated with a Bachelor of Laws degree from the University of London in 1994 with a 2nd Class Upper Honours, and completed the Certificate of Legal Practice in 1995. He was admitted as advocate and solicitor of the High Court of Malaya in 1996 and has been in practice for 25 years. He had his own practice under the name and style of Ranjan Chitravathy & Nik for 16 years, from 1999 to 2015. In 2016, he joined the firm of Hakem Arabi & Associates as a partner.

He appears frequently as counsel in the Appellate Courts and the High Courts. He has a passion for writing articles, and has had many of his articles published in law journals, among them:

Housing Development (Control and Licensing) Act 1966 (“HDA”) Post Covid-19: Who Benefits- Developers of Purchasers? [2020] 3 MLRA 9;

  1. Revisiting Faber Union Sdn Bhd v Chew Nyat Shong & Anor: The Pandora’s Box of The Law on Liquidated Ascertained Damages [2020] 3 MLRA 1; and
  2. Revisiting Selvakumar Murugiah v Thiagarajah Retnasamy: The Coming of Age of The
    Law on Proving Liquidated Ascertained Damages in Housing Development Contracts
    [2020] 3 MLRA 37.

He has been interviewed by The Edge Weekly on housing development issues in articles such as “Claims for Late Delivery of Homes likely to Spike” on 4 July 2020, “Date of Booking Fees deemed as start of delivery charges will force developers to review their sales plan” on 2 Feb 2021, and “Ruling on Housing Tribunal’s scope raises more questions” on 4 Mar 2021.

Terms and Conditions

A Step-By-Step Guide to Join the Webinar

(1) For seamless streaming, download the Zoom app
You will be given a webinar ID and a password to join the webinar once your registration has been confirmed.

(2) Log in to Zoom, and provide your username
For Members of the Bar or pupils-in-chambers, use the format below for identification purposes when prompted:

Full name (as per NRIC) | Bar Council membership number or petition number

For non-members, provide your full name only.

(3) Setup your space
Ensure that you have a strong Internet connection. You may use an earpiece for clarity.

(4) Mute your microphone
When the webinar is ongoing, please mute your microphone on Zoom at all times to ensure there is no interruption from your end.

(5) You may raise questions during the Question-and-Answer session only
Please take note that no speaking is allowed when the webinar is taking place.

If you wish to raise a question, please type in the chat box and the speaker will respond accordingly.

(6) Please, do not do this
Screen recording, sharing the webinar ID and password links, reproducing the content of the webinar on any platform are strictly not allowed.

Any unregistered person may be removed without prior notice, and no CPD point will be awarded. Failure to adhere to this may result in disciplinary action by the Bar Council.

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Event Policy

Places are limited and registration is on a first-come, first-served basis.

For events with registration fees, all payments must be made in advance, including bank charges. Registration will be confirmed once proof of payment is provided by email or fax, and full payment is received.

For events that are not organised by Bar Council, please note that you are subject to the relevant terms and conditions specified by the external providers.

Cancellation 

Cancellations must be made in writing.

If you have failed to inform the organiser on your cancellation for three consecutive times, you may be blacklisted for future events.

Refunds 

Refunds will be processed after the event is completed. This may take up to 30 business days. The conditions for refunds are as follows:

  • Full refunds will be issued if the event is cancelled or postponed by the organiser due to some circumstances.
  • No refunds for this course. However substitution is allowed.

The organiser reserves the right to modify, cancel or postpone the event, should circumstances arise that make such action necessary, whereupon all registration fees paid will be refunded.

Transferral

You are allowed to transfer your place to another participant, but you must notify the organiser with the necessary details.

Attendance 

CPD points will not be awarded to lawyers and pupils in chambers from Peninsular Malaysia who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.

Privacy 

The personal information that you provide to the Bar Council, whether now or in the future, may be used, recorded, stored, disclosed or otherwise processed by or on behalf of the Bar Council for the purposes of facilitation and organisation of this event, research and audit, maintenance of a participant database for the promotion of this event, and such ancillary services as may be relevant.

Disclaimer

  • Materials will be emailed only. No printed notes will be provided.
  • No recording of the event is permitted via any means at any time.
  • No part of the event content may be used/reproduced in any form without the written and explicit consent of the Bar Council and speaker(s).

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