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Federal Court Hearing on 12.7.2023: Showdown Between Purchasers and Developer post Ang Ming Lee Decision (Live Updates)

[LIVE] We will be providing live updates to our highly anticipated hearing in the Federal Court scheduled to begin at 9.30a.m. between purchasers and the Developer in respect of issues on LAD claims post Ang Ming Lee. [Prema Bonanza Sdn Bhd v Vignesh Naidu A/L Kuppusamy Naidu (Federal Court, Civil Appeal No.: 02(i)-72-08/2022(W) & 02(i)-74-08/2022(W)) & Obata-Ambak Holdings Sdn Bhd v Prema Bonanza Sdn Bhd (Federal Court, Civil Appeal No.: 02(i)-70-08/2022(W) & 02(i)-71-08/2022(W))].

  • 2.35p.m. – The Panel of Judges decided on the First Issue and dismissed notice of motion to adduce fresh evidence. The subsequent hearing dates are fixed on 9.8.2023 (to hear the Second Issue and the Third Issue) and 16.8.2023 (to hear the rest of the issues).
  • 12.57p.m – The Panel of Judges heard all submissions from the other counsels, Mr. Wong Kong Leong (Messrs. K L Wong), Mr. Lim Chee Wee (Messrs. Lim Chee Wee Partnership), Mr. Low Joo Hean (Messrs. Ching Tan & Associates) on the First Issue. The Panel of Judges stood down the matter and will give their decision on the First Issue at 2.15p.m.
  • 11.00a.m. – Mr. Lai Chee Hoe started submission on the First Issue.
  • 10.58a.m. – Hearing resumed. Y.A.A. Tan Sri Datuk Amar Abang Iskandar Bin Abang Hashim, PMR ruled that they will hear the order of issues in the appeals as follows: –
    • (1) Admission of Fresh Evidence (“First Issue“),
    • (2) Limitation Period (“Second Issue“),
    • (3) Second Actor Theory (“Third Issue“),
    • (4) Whether Ang Ming Lee is retrospective or prospective (“Fourth Issue“), and
    • (5) Unjust Enrichment (“Fifth Issue“).
  • 10.24a.m. – The Panel of Judges stood down to deliberate on the order of appeals.
  • 9.58a.m. – Deputy Registrar announced the arrival of the presiding Federal Court judges.
  • 8.35a.m. – Deputy Registrar announced the presiding Federal Court judges as follows: –
    • Y.A.A. Tan Sri Datuk Amar Abang Iskandar Bin Abang Hashim, PMR,
    • Y.A. Dato’ Zabariah Binti Mohd Yusof, HMP,
    • Y.A. Dato’ Sri Hasnah Binti Dato’ Mohammed Hashim, HMP,
    • Y.A. Datuk Harmindar Singh Dhaliwal. HMP, and
    • Y.A. Datuk Abdul Karim Bin Abdul Jalil, HMP.
  • 8.10a.m. – Watching brief solicitors have logged in.
  • 8.00a.m. – Solicitors for the Appellants and Respondent have logged in.

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Author
Previously a Senior Legal Associate at Chee Hoe & Associates.
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