30 Oct 2023
MALAYAPINE ESTATES SDN B HD 1. ) Prakash A/l Sandasuri 2. ) Kamala A/p Mageswaran
- Citation
- BL-12BNCvC-13-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12BNCvC-13-05/2023 (Mahkamah Tinggi)
The High Court dismissed the developer's appeal, upholding the Sessions Court's findings that the developer breached its duty of care and contractual obligation to provide a site properly treated for construction; the court preferred the plaintiffs' geotechnical expert (SP7) whose site inspections and borehole investigations established soil subsidence as the cause of external defects and endorsed awards of remedial damages based on the expert's BOQ; defects not discoverable within the DLP remained actionable.