30 Oct 2023
MALAYAPINE ESTATES SDN B HD 1. ) Jeevandran Nair A/l Samo 2. ) Santha A/p Achuthan Nair
- Citation
- BL-12BNCvC-11-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12BNCvC-11-05/2023 (Mahkamah Tinggi)
Trial judge properly preferred the Plaintiffs' geotechnical expert (SP7) whose site inspections and borehole investigations demonstrated inadequate ground treatment causing soil subsidence and progressive external damage; that evidence sustained findings that the developer breached its duty of care and the express/implied contractual obligation to construct in a good and workmanlike manner; cosmetic rectification was inadequate and remedial works (as quantified) were necessary; appellate court will not disturb those findings absent plain error — appeal dismissed.