Tay & Partners: The aftershocks in the housing development industry In Malaysia – The Ang Ming Lee effect!

In November 2019, the Federal Court’s decision in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan dan Kerajaan Tempatan & Anor and other appeals (AML) upended the housing development industry. Overnight, housing developers were potentially liable for monumental Liquidated Ascertained Damages (LAD) claims. The Federal Court held that the Controller of Housing (Controller)’s power under Regulation 11(3) of the Housing Development Regulations 1989 (HDR) was ultra vires of the Housing Development Act 1966 (HDA).

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