Jade Homes Sdn Bhd Sivananthan a/l Krishnan

Jade Homes Sdn Bhd Sivananthan a/l Krishnan

The Federal Court held that in interpreting conditions attached to local authority building approvals the court may properly rely on opinions of persons with special knowledge under s49 Evidence Act 1950 to ascertain the usage and meaning of terms used by that class of people, read together with the primacy of approved building plans under s70 SDBA. The Court found the Court of Appeal erred by applying a literal reading of Condition 8 without giving due weight to s49 evidence and by reversing the trial judge's factual findings without showing they were plainly wrong. The Court reinstated the High Court finding that the approved drawings (slope and rubble wall) governed and that Condition...

Citation
02(f)-71-09/2019(B) (Mahkamah Persekutuan)
Parties
Appellant/defendant: Jade Homes Sdn Bhd; Respondent/plaintiff: Sivanathan A/L Krishnan
Court
f
Jurisdiction
Malaysia
Judgment Date
16 June 2021
Case Number
02(f)-71-09/2019(B) (Mahkamah Persekutuan)
Procedural Posture
Civil Appeal / Federal Court Judgment
Outcome
Appeal allowed; Court of Appeal order set aside; High Court decision reinstated
Legal Topics
Interpretation of Building Plan Conditions, Admissibility and Weight of Opinion Evidence (s49 Vs S45), Statutory Powers of Local Authorities (s70 Sdba), Appellate Review of Factual Findings
Source Language
Malay/English
Building and Planning Law Administrative Law Evidence Law Contract Law Interpretation of Building Plan Conditions Admissibility and Weight of Opinion Evidence (s49 Vs S45) Statutory Powers of Local Authorities (s70 Sdba) Appellate Review of Factual Findings

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Parties

Jade Homes Sdn Bhd

Appellant/defendant

Sivanathan A/L Krishnan

Respondent/plaintiff

Procedural Posture

Civil Appeal / Federal Court Judgment

Legal Issues

  1. 1 Whether a court interpreting conditions/directions issued by a local authority may form and rely on opinions as to usages or meanings of words used by a particular class of people under section 49 Evidence Act 1950
  2. 2 Whether opinion evidence under section 49 Evidence Act 1950 should be given more weight than expert opinion under section 45 Evidence Act 1950 (and the proper approach to weigh such evidence)
  3. 3 Whether Condition 8 of Annexure F required construction of a reinforced concrete (RC) wall at the plaintiff's boundary given the approved building plans depicting a slope and rubble wall

Ratio Decidendi

The Federal Court held that in interpreting conditions attached to local authority building approvals the court may properly rely on opinions of persons with special knowledge under s49 Evidence Act 1950 to ascertain the usage and meaning of terms used by that class of people, read together with the primacy of approved building plans under s70 SDBA. The Court found the Court of Appeal erred by applying a literal reading of Condition 8 without giving due weight to s49 evidence and by reversing the trial judge's factual findings without showing they were plainly wrong. The Court reinstated the High Court finding that the approved drawings (slope and rubble wall) governed and that Condition...

Court Disposition

Appeal allowed; Court of Appeal order set aside; High Court decision reinstated

Orders

  • Order setting aside Court of Appeal judgment and reinstating High Court judgment in favour of the defendant
  • Costs awarded to defendant/appellant RM200000.00 here and below, subject to allocatur