Malaysia legislation
Section 19N
Section 19N
(2)
Any counter-claim shall not exceed the amount to be determined by the Minister, pending which, the amount shall be fifty thousand ringgit, unless agreed by the parties subject to section 19Q.
(3)
A claim before the Tribunal shall be filed at anytime before the certificate of fitness for occupation being issued or not later than twelve months from the date of the issuance of the certificate of fitness for occupation for the housing accommodation or before the expiry date of the defect liability period as set out in the sale and purchase agreement, whichever is the later.
(4)
Claims may not be split, nor more than one claim be brought, in respect of the same matter against the same party for the purpose of bringing it within the jurisdiction of the
Tribunal.
(5)
No claim shall be entertained by the Tribunal if there is already a suit filed in any civil court relating to the same issue in dispute.
(6)
The Tribunal has no jurisdiction to award a prohibitory, mandamus, declaration, specific performance or an injunction order.
(7)
No proceedings of the Tribunal or award shall be set aside or quashed for want of form.
(8)
The Tribunal shall have jurisdiction to hear a claim which arose prior to the setting up of the Tribunal subject to section 19M of this Enactment.
(9)
(a)
the Tribunal may during the proceedings of any claim where necessary, give notice to any financial institution or any other third party affected by the claim to be a party to the proceedings.
(b)
for the purpose of paragraph (a) the Tribunal shall extend a copy of the claim, defence and a summary of the facts to the relevant party;
(c)
upon receipt of the document in paragraph (b), the financial institution or third party shall within two weeks file their explanation or defence with the
Tribunal; and
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(d)
for the purpose of this section, the Tribunal may make an award against the financial institution or the third party.
Mediation.