I defintely agree Suzanne that the courts are not playing their part in helping to bring justice to the current situation.
I know of several cases now where people have gone to court to claim the return of their money back on developments that have no legal standing and therefore they have no legal property to complete on. No legal building licence – it’s been suspended/under judicial review, no LFO, is months if not years overdue so in total breach of contract etc.
And what keeps happening? The judge may find in the purchaser’s favour, but the developer (or the bank, if claiming on the Bank Guarantee), automatically appeals any court decision, thus requiring an appeal hearing often taking up to another year to be heard. Meanwhile the agony of waiting to see if the purchasers’ monies will be returned, and their life put on hold as a consequence, is dragged on into the distant future.
I think judges in these cases should look at: no current legal building licence, no LFO, breach of contract – nothing to appeal about therefore appeal denied.
With every case having to be tried twice because of this automatic appeal strategy by the developers and banks, besides the prolonged agony for the people involved, no wonder the courts are clogged up.