Tag Archives: Legal News

S’poreans in JB housing nightmare back in court

Singaporean Norsiah Suja’i thought she had found her dream home when she forked out her life savings to buy a double-storey terrace house in Johor Baru in 1998 for more than RM335,000 (S$141,500 now).

Instead, the retired teacher and 72 other Singaporeans in Taman Permata are about to lose their property to the developer’s bank – after the developer went bust in 2000.

The bank won a court order from the Johor Baru High Court to auction off their property four years ago. The court also ruled that the houses were an abandoned project.

Yesterday, some 30 of the 73 Singaporeans travelled by bus to Putrajaya, about 40km from Kuala Lumpur, to hear their appeal against the High Court’s decision.

But the case was adjourned after their lawyer Rosli Kamaruddin asked for one of the three judges to recuse himself, as he was the same judge who allowed the bank to auction off three houses in Taman Permata.

‘We have suffered so much loss, I hope we can all get some justice in this case,’ said Madam Norsiah, 65.

Most of the Singaporean buyers are retirees, who paid for their houses in cash with their pension and life savings.

The developer had failed to deliver on its promise that the 136-unit Taman Permata would be a posh residential area complete with condo facilities such as a swimming pool and security guards.

Most of the Singapore buyers have been forced to live there now, as they cannot afford another property in Singapore.

‘I spend my weekdays in JB and I visit my daughters in Singapore on weekends,’ said Madam Norsiah. ‘I have no choice.’

Another buyer, who wanted to be known only as Madam Safia, 60, said the JB High Court had also ordered buyers to pay another 10 per cent on top of what they paid for their houses to obtain their title deeds. But only a few were willing to pay and even then they did not immediately get the title deeds.

She said although the houses were built in 1998, they were allowed to move in only after they obtained the certificate of fitness in 2005. ‘By that time, our houses were already in bad shape and each of us had to fork out about RM50,000 to fix our houses,’ she said.

Madam Safia said they had tried various ways to save their houses.

In 2003, they had even met then Prime Minister Abdullah Badawi and then Local Government and Housing Minister Ong Ka Ting.

The bank’s lawyers declined to comment on the case.

Source : Straits Times – 25 Mar 2010

Missing lawyer squirrelled away more than $10m

RUNAWAY lawyer Zulkifli Mohd Amin had moved more than $10 million out of his firm’s client’s account over a 10-month period in 2007, a sum larger than the $6 million previously thought.

These details emerged in a 56-page report by a disciplinary tribunal comprising retired Judge of Appeal L.P. Thean and lawyer Tan Chuan Thye.

The tribunal, appointed in August last year by the Chief Justice to formally investigate the case, found Zulkifli guilty of a total of 211 charges of misconduct.

Zulkifli was one of three partners of the now-defunct firm of Sadique Marican and ZM Amin.

He is not around to face the music, but his partners, Mr Mohd Sadique

Ibrahim Marican and Mr Anand Kumar Toofani Beldar, will have to face a Court of Three Judges for breaching accounting rules and failing to safeguard clients’ money.

Out of the 211 charges against Zulkifli, 208 are related to unauthorised withdrawals of funds from the account used to hold clients’ money.

The remaining charges were for failing to ensure that the client’s account was not overdrawn and failing to keep the books in order.

The accounts of the firm were managed by Zulkifli.

The other partners have each been found guilty of three charges of failing to keep the books in order and failing to supervise transactions involving clients’ money.

In November 2007, Mr Sadique and Mr Anand told the Law Society that Zulkifli was missing and they suspected him of misappropriating money from the firm.

The firm’s accounts were inspected.

Among other things, it was found that the firm had been issuing cash cheques after May 15, 2007 even though it was no longer allowed to do so under the rules.

Fund transfers were made and cash cheques were issued without supporting documents.

Although Mr Sadique’s signature appears on some forms and cheques, a handwriting expert has concluded that they were forged.

The 211 charges form the most serious of three separate disciplinary proceedings against Zulkifli. The tribunal has found that the case is serious enough to be referred to the Court of Three Judges, which has the power to suspend or strike lawyers off the rolls.

On Tuesday, another of the three cases, involving Zulkifli’s inaction in a conveyancing transaction that caused his clients to lose out on a property deal, was brought before the Court of Three Judges by the Law Society seeking to disbar Zulkifli.

This drew criticism from the judges, who questioned why the society brought up less serious charges when it was well-known that Zulkifli had done worse. The court asked for more details about his other disciplinary proceedings.

Yesterday, it emerged that Zulkifli was found guilty earlier this month of the 211 charges. Both cases will be dealt with together by the court.

The third case is pending.

According to sources, the less serious complaint was made in November 2007 and the disciplinary tribunal, in its report in October last year, said the matter should be brought to the Court of Three Judges.

By law, the society had a one-month deadline to make the application.

It is understood that the society had considered deferring the less serious case, but as it was unsure how long it would take to investigate the 211 charges, it decided to go ahead with the less serious case.

Source : Straits Times – 27 Feb 2010