Malaysia Case Law: Decisions & Judgments

Topic

Defect liability

Legal area

Court

17 Dec 2025

PINGGIR MENTARI SDN BHD 1. ) TRIBUNAL PENGURUSAN STRATA 2. ) PERBADANAN PENGURUSAN CAMELIA

Citation

WA-25-413-12/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-413-12/2023 (Mahkamah Tinggi)

The High Court held the applicant failed to prove any serious irregularity under s 121 SMA 2013; the Tribunal's factual findings that the developer installed and failed to rectify a flawed access card system during the developer's management period and that the developer failed to address persistent high water charges were supported by evidence and within the Tribunal's jurisdiction; therefore the Tribunal award was upheld and the judicial review dismissed with costs.
15 Aug 2025

COVA DESIGN & CONTRACT SDN. BHD. INTBUILD CONCEPT SDN. BHD.

Citation

BA-12BNCC-4-03/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCC-4-03/2025 (Mahkamah Tinggi)

The High Court found the trial judge was plainly wrong for failing to consider contemporaneous documentary evidence establishing that the agreed completion date (15.3.2020) was missed and actual completion for the disputed 152 units occurred on 13.7.2020; under the clear contract terms the respondent was entitled to LAD and to recover reasonable repair costs for defects within the 24‑month defect liability period; accordingly the Sessions Court decision was set aside and the specified monetary awards, CTOS removal and costs were ordered.
20 Dec 2021

1. BRUCE ELWYN DAVEY (Passport No.: E1026197) 2. AMANDA JEAN PRIOR (Identity Card No.: 820921075802) BANDAR RAYA DEVELOPMENT BERHAD (Business Registration No.: 5521-A)

Citation

WA-22NCVC-478-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCVC-478-07/2019 (Mahkamah Tinggi)

Brochure statements (including 'guided by Conquas') were vague sales talk and were not incorporated into the Sale and Purchase Agreement; Defendant breached Clause 29 by failing to complete rectification within 30 days but Plaintiffs failed to mitigate loss and to prove special or general damages except the consultant fee; accordingly Plaintiffs recover RM10,388 (consultant fee) plus nominal damages RM10,000 (total RM20,388); counterclaim for abuse of process dismissed and each party to bear own costs.
KC Chan

Citation

KC Chan
Court

Malaysian court

High Court has jurisdiction only on questions of law for awards under RM10,000; after scrutiny the court found four issues raising questions of law and decided: failure to give clause 23 notice did not bar common law claims; magistrate validly awarded compensation above initial pleaded limit because limitation was abandoned; statutory sale agreements require approved plans to be annexed and plans are deemed part of the contract (developer cannot benefit from omission); issuance of CFO does not prevent contractual or common law claims for defects. Consequently the 26 appeals were dismissed and…

Malaysia Case Law

PINGGIR MENTARI SDN BHD 1. ) TRIBUNAL PENGURUSAN STRATA 2. ) PERBADANAN PENGURUSAN CAMELIA

COVA DESIGN & CONTRACT SDN. BHD. INTBUILD CONCEPT SDN. BHD.

1. BRUCE ELWYN DAVEY (Passport No.: E1026197) 2. AMANDA JEAN PRIOR (Identity Card No.: 820921075802) BANDAR RAYA DEVELOPMENT BERHAD (Business Registration No.: 5521-A)

KC Chan