27 May 2022
TROPICANA GOLF & COUNTRY RESORT BERHAD 1. ) Loke Wai Kuen 2. ) Lee Wei Lid
- Citation
- BA-12BC-1-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BC-1-04/2021 (Mahkamah Tinggi)
High Court upheld the Sessions Court’s factual findings that the 1st-3rd Defendants’ renovation works caused the seepage and were liable in negligence and private nuisance, but intervened on quantum: reduced general damages for emotional distress from RM200,000 to RM10,000 due to lack of medical evidence and failure to mitigate, thereby reducing total payable by 1st-3rd Defendants to RM115,682.92; allowed 4th Defendant's appeal holding the developer was not liable under the DMC or in negligence (no implied term, proviso limiting liability, lack of proximity and remoteness), and adjusted costs…