27 May 2022
TEH SIOK YEN 1. ) Loke Wai Kuen 2. ) Lee Wei Lid
- Citation
- BA-12BC-2-04/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BC-2-04/2021 (Mahkamah Tinggi)
High Court upheld Sessions Court's factual findings that 1st–3rd defendants' renovation works caused water seepage and were liable in negligence and private nuisance; however, Sessions Court erred in awarding excessive general damages without medical evidence and failing to consider mitigation, so general damages were reduced from RM200,000 to RM10,000; 4th defendant (developer) was not liable under the DMC or in tort because DMC did not bind non-signatory purchasers, clause 9 proviso excluded developer liability for others' breaches, there was insufficient proximity and causation and plainti…