30 Oct 2023
MALAYAPINE ESTATES SDN B HD Kong Chee Young
- Citation
- BL-12BNCvC-21-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12BNCvC-21-05/2023 (Mahkamah Tinggi)
The High Court affirmed the Sessions Court: the developer breached its duty of care and contractual obligations by failing to undertake proper ground treatment leading to soil subsidence and recurring external damage; the plaintiffs' expert evidence (SP7) who conducted site inspections and boreholes was preferred over the defendant's report (SD1); latent defects are actionable despite expiry of the DLP; therefore the appeal was dismissed and the lower court awards for remedial costs and damages were upheld.