Reference no: EM133004287

BTW1042 Malaysian Business Law - Monash University

1.0 Introduction: Use numerical and written headings for the following:

1.1 Purpose (the purpose of the assignment)
1.2 Methodology and assumptions (sources of information used and assumptions made regarding the information collected and used for the assignment)
1.3 Plan (the structural plan of the Discussion section of the assignment)

2.0 Discussion: Your discussion and proposed recommendations need to demonstrate a strong application of relevant law theories/concepts and evidence from the literature (articles, books, legislation, cases, etc.). Divide your discussion into numerical sub-headings and meaningful title headings. You are also encouraged to incorporate visual presentations such as charts and graphs, if relevant.

3.0 Conclusion: Summary of discussion with your concluding comments.

Question

In PJD Regency Sdn Bhd v Tribunal Tuntutan Pembeli Rumah [2021] 2 CLJ 441 at 459, Tengku Maimun Tuan Mat CJ, delivering the judgment of the Federal Court, made the following observation:

Accordingly, upon a wholesome and coherent reading of the two judgments of the Supreme Court in Hoo See Sen [(1988) 1 CLJ 768] and Faber Union [(1995) 3 CLJ 797], the point of law at issue in these appeals remains very much decided. Where a developer fails to deliver vacant possession according to the time stipulated in the statutory sale and purchase agreement, the calculation of the LAD [liquidated agreed damages] begins from the date of payment of the booking fee and not from the date of that statutory agreement.

In any event, we are of the view that the above point of law is further clarified and cemented by the nature of the HDA 1966 [Housing Development (Control and Licensing) Act 1966] and HDR 1989 [Housing Development (Control and Licensing) Regulations 1989] being social legislation. Thus, leaving aside the quarrel over the correctness of the two said Supreme Court decisions, we find that subsequent judicial decisions and legislative changes do not support the developers.

With reference to the relevant judicial decisions, statutory provisions, and scholarly writings (journal articles, books, etc.), discuss the concept of social legislation and how it is to be interpreted by the courts?

Attachment:- Reserach Project - Question.rar