Sime Darby Property (Bukit Jelutong) Sdn Bhd SPIRAL PRISTINE SDN BHD

Sime Darby Property (Bukit Jelutong) Sdn Bhd SPIRAL PRISTINE SDN BHD

The Court upheld the High Court: purchasers proved existence of defects (air-conditioning and other construction defects) and causation by developer's breach of materials and workmanship obligations; signatures on certain DRFs/FFs were forged and thus not binding; Regulation 11(1B) cannot be used to contract out of statutory protections to deprive purchasers; DLP excludes only patent defects and does not bar claims for latent defects; purchasers proved rectification costs by expert evidence. Consequently appellant's appeals dismissed and High Court judgment affirmed.

Citation
B-02(C)(W)-592-04/2023 (Mahkamah Rayuan)
Parties
Appellant: Sime Darby Property Berhad; Appellant (substituted): Sime Darby Property (Bukit Jelutong) Sdn Bhd; Respondent / Purchaser: Ooi Cheng Huat @ Ooi Peng Huat; Respondent / Purchaser: Bryan Patrick Ooi Sze-Yuen; Respondent / Purchaser: Shawn Philip Ooi Sze-Yew; Respondent / Purchaser: Spiral Pristine Sdn Bhd; Respondent / Purchaser: Shaiful Hamidi bin Basirdin; Respondent / Purchaser: Rosli bin Musa; Respondent / Purchaser: Nitt Sdn Bhd; Respondent / Purchaser: Susilawati binti Ahmad; Respondent / Purchaser: Albert Chai Min Chung; Respondent / Purchaser: Adele Leong Boon Yen
Court
C
Jurisdiction
Malaysia
Judgment Date
30 January 2026
Case Number
B-02(C)(W)-592-04/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment (interlocutory and Substantive Appeals Heard; Judgment Delivered)
Outcome
All six appellant appeals dismissed; High Court judgment dated 30.3.2023 affirmed
Legal Topics
Breach of Contract, Housing Development Obligations, Defect Liability Period (dlp), Latent Vs Patent Defects, Admission of Fresh Evidence, Forgery and Document Authenticity, Striking Out Cross Appeals, Causation and Quantum of Damages
Source Language
Malay/English
Contract Law Construction Law Property Law Administrative/statutory Law Evidence and Procedure Breach of Contract Housing Development Obligations Defect Liability Period (dlp) +5 more

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Parties

Sime Darby Property Berhad

Appellant

Sime Darby Property (Bukit Jelutong) Sdn Bhd

Appellant (substituted)

Ooi Cheng Huat @ Ooi Peng Huat

Respondent / Purchaser

Bryan Patrick Ooi Sze-Yuen

Respondent / Purchaser

Shawn Philip Ooi Sze-Yew

Respondent / Purchaser

Spiral Pristine Sdn Bhd

Respondent / Purchaser

Shaiful Hamidi bin Basirdin

Respondent / Purchaser

Rosli bin Musa

Respondent / Purchaser

Nitt Sdn Bhd

Respondent / Purchaser

Susilawati binti Ahmad

Respondent / Purchaser

Albert Chai Min Chung

Respondent / Purchaser

Adele Leong Boon Yen

Respondent / Purchaser

Procedural Posture

Civil Appeal / Court of Appeal Judgment (interlocutory and Substantive Appeals Heard; Judgment Delivered)

Legal Issues

  1. 1 Whether purchasers proved defects and developer liability for breach of materials and workmanship obligations
  2. 2 Whether specified DRFs and feedback forms were forged and thus inadmissible as proof of rectification
  3. 3 Whether developer met Regulation 11(1B) HDLR and could contract out of Schedule I statutory form

Ratio Decidendi

The Court upheld the High Court: purchasers proved existence of defects (air-conditioning and other construction defects) and causation by developer's breach of materials and workmanship obligations; signatures on certain DRFs/FFs were forged and thus not binding; Regulation 11(1B) cannot be used to contract out of statutory protections to deprive purchasers; DLP excludes only patent defects and does not bar claims for latent defects; purchasers proved rectification costs by expert evidence. Consequently appellant's appeals dismissed and High Court judgment affirmed.

Court Disposition

All six appellant appeals dismissed; High Court judgment dated 30.3.2023 affirmed

Orders

  • Dismissed the six appeals filed by Sime Darby
  • Affirmed High Court findings that Sime Darby liable for defects and liable to pay rectification damages and costs as previously ordered