What is the fundamental principle in the construction of statutes?

The Federal Court has recently held in PP v Sa'ari Jusoh [2007] 2 CLJ 197 that it is a fundamental principle in the construction of statutes that the whole and every part of the statute must be considered in the determination of the meaning of any of its parts. In the subsequent Federal Court case of Sri Bangunan Sdn Bhd v Majlis Perbandaran Pulau Pinang & Anor [2007] 5 AMR 541, it was held by the apex court that in construing a statute, the duty of the court is limited to interpreting the words used by the Legislature and to give effect to the words used by it. The court is not entitled to read words into a statute unless clear reason for it is to be found in the statute itself.

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Law updates - Insurance (Malaysian law unless otherwise stated)

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Law updates - General (Malaysian law unless otherwise stated)

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What are the available remedies to a purchaser when he is given a defective house out of time by the seller developer?

In LSSC Development Sdn Bhd v Thomas Iruthayam & Anor [2007] 2 CLJ 434, the Court of Appeal held that where purchasers were given a defective house out of time by the developer, for the defects, that was something for which they were entitled to be compensated. As for the delay in delivery, the contract itself contained a clause which provided the formula for the compensation that the developer must pay for its lateness. This was the clause to which the purchasers have recourse as it created a contractual obligation to pay a single sum by way of liquidated damages for the period during which they were kept out of the building for which they had already paid, such sum being calculated upon the basis set out in the sale and purchase agreement.
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