The Court of Appeal has unanimously upheld the retrospective application of a law granting housing developers additional time to deliver vacant possession of homes during the Covid-19 pandemic, ruling that Parliament's intent must be given effect.
The Court of Appeal has ruled in favor of a law granting additional time to housing developers for delivering vacant possession of homes during the Covid-19 pandemic.
The judge found that statutes must be read holistically, and no single subsection can be construed in isolation to defeat the purpose of another subsection within the same provision. The judge dismissed an appeal brought by six house buyers who challenged the retrospective application of the law, stating that the statute must be given a purposive construction that promotes the purpose of the law.
The developer had been granted a backdated extension of time for delivery of vacant possession, covering the period March 18 to Dec 31, 2020, and further extended up to the entirety of 2021 due to the pandemic-induced construction delays
Court Of Appeal Ruling Retractive Law Application Covid-19 Pandemic Relief For Housing Developer Housing Industry Losses Due To Pandemic Legislation To Prevent The Collapse Of Housing Exemption Period For House Buyers Protection Offered To Purchasers Empathy For Developers In The Face Of A Global Legal Basis For The Amendments Not Unconstitutional Rights Not Infringed
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