30 Oct 2023
MALAYAPINE ESTATES SDN B HD Chong Chee Hau
- Citation
- BL-12BNCvC-7-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12BNCvC-7-05/2023 (Mahkamah Tinggi)
The High Court upheld the Sessions Court: the developer breached its duty of care and clause 13 of the SPA by failing to undertake proper and documented ground treatment on soft clay, resulting in consolidation settlement and recurring external defects; the plaintiffs' geotechnical expert (SP7) whose opinion was supported by site inspections and borehole investigations was preferred over the defendant's report; consequential remedial costs awarded by the Sessions Court were justified and the defendant's appeal is dismissed with costs RM5,000 per appeal.