Published on: Tuesday, January 15, 2013
They were led by lawyer Christina Liew to meet with Housing Engineer Gabriel Chong since the Housing Controller was not available.
Also present was architect Ho Jia Lit who led the Technical Team in giving evidence in court in 2010.
"For now, it is a matter of executing the judgment sum.
The plaintiffs want to know how they can claim the money from Yusen Jaya Sdn Bhd (housing developer) as compensation," she told reporters.
Liew wanted to know the financial status of the housing developer and whether the Housing Controller could release as compensation to the plaintiffs, the sum of RM1,338,728.00 (being the amount of security deposit required to be deposited with the Controller of Housing, Ministry of Local Government and Housing in accordance with the requirement of Section 5(1)(b) of the Housing Development (Control & Licensing) Enactment 1978, as a guarantee from the guarantor for the due performance of the licencee's obligations under the Act.
The security deposit shall become payable by the guarantor immediately should the licensee (housing developer) in any respect commit any breach of his obligations. In this case, the guarantor is Borneo Housing Mortgage Finance Berhad.
According to Chong, the banker's guarantee will expire on September 23, 2013 (in tandem with the one-year licence to the licensee under the Housing Development (Control & Licensing) Enactment 1978. He, however, made it clear that the banker's guarantee has yet to be converted into cash.
Although Borneo Housing Mortgage Finance Berhad had stated that the banker's guarantee would be payable on receipt of notice in writing given to them by the Housing Controller, Chong explained that the money could not be released unless directed by the High Court or otherwise.
"The RM1.3 million banker's guarantee covers all aspects from subdivision of the land title for all housebuyers to delivery of completed homes," he pointed out.
In response, Liew said the plaintiffs were happy with the outcome of the meeting with Chong.
"They have a clearer picture of how they can go about getting the judgment sum against the developer.
I will be writing to the developer's lawyer about it as I have not received news or heard anything from the developer or his lawyer since the judgment," she told reporters.
Asked on the next move should the developer refuse to pay, Liew replied: "We will take further action in accordance with the law."
On January 27, 2011, then High Court Judge Datuk David Wong Dak Wah ordered Yusen Jaya Sdn Bhd to pay RM4.5 million to 46 plaintiffs for negligence and breach of contract.