KUCHING: The Sarawak Housing and Real Estate Developers’ Association (Sheda) has made arrangements to meet with the State Minister of Local Government and Housing Dr Sim Kui Hian to discuss a recent Sarawak Housing Purchaser Claims Tribunal ruling in which the liquidated ascertained damages (LAD) calculations were based on booking fee dates.
Sheda president Dr Christopher Ngui was referring to a recent Tribunal ruling on Jan 26, in which the Tribunal’s president Robert Elone Sireng said that only 55 days were excluded in the LAD calculation. This was the period from Mar 18 to May 12 last year under the movement control order (MCO).
Robert also said the developers needed to apply to the Ministry of Local Government and Housing Sarawak (MLGH) from May 13 to Aug 31 last year under the conditional movement control order (CMCO) for this period to be excluded in the LAD computation.
“Regarding the above CMCO period exemption and regarding the Sarawak Government Gazette published on Jan 18 this year (Temporary Measures For Reducing The Impact Of Coronavirus Disease 2019 (Covid-19) Act 2020 and Temporary Measures For Reducing The Impact Of Coronavirus Disease 2019 (Covid-19) Housing Development (Control And Licensing) Regulations, 2021), Sheda believes that the Tribunal has erred in those quoted cases.
He said Sections 4(2) and 4(3) under the Regulations 2021 provided that the developer might apply to the minister for an extension of the period beyond Aug 31 last year of up to Dec 31 last year to hand over vacant possession.
“Sheda has also received feedback from its members, not agreeable to the ruling, that the LAD calculations were based on booking fee dates,” he said.
He said the association was unable to comment on the specifics of the quoted cases as they were not privy to the details of the cases.
“However, Sheda has made arrangements to meet with the minister to further discuss the matters and issues raised, which are of great concern to the local housing development industry,” he said.
