Council workers’ claims struck off
21/03/2007 The  Star

PENANG: The Housing Tribunal has struck off the claims by nine Penang Municipal Council workers against the council over alleged defects in the council’s turnkey housing project in Jalan Veterinari.

Its president Zamani Ibrahim said the tribunal was bound by a High Court ruling in December last year that it had no jurisdiction to hear the claims.

“As there is no appeal pending in the Court of Appeal, the tribunal is bound by the High Court decision,” he said here yesterday.

He made the ruling following council legal advisor M. Murgan's submission that the tribunal only had the power to hear claims brought against licensed housing developers.

''The council is not the licensed housing developer following an amendment to the Housing Development Control And Licensing Act 1966.

''The amendment, which came into effect on Dec 1, 2002, states that once a building is completed, the council is no longer deemed to be the housing developer,'' he said.

The council had sought a judicial review in the High Court to quash the tribunal’s decision in March 31, 2005 in dismissing the council’s preliminary objections as to the jurisdiction of the tribunal.

The council workers had filed claims, saying their employer had built them homes with defects.

They are seeking compensation for repairs they had done to their flats. .

The buyers, who moved into their flats in November 2002, were occupants of the units at the two blocks of 22-storey low medium cost flats.

The claimants alleged that the defects such as leaking pipes, cracks on the ceiling and walls and uneven floor tiles were caused by the council's negligence.

A house buyer, who declined to be named, said the group would consult their lawyer on their next course of action.