30 Oct 2023
MALAYAPINE ESTATES SDN B HD 1. ) Muhammad Hattan Bin Zainal 2. ) Nik Fatimah Zurah Binti Nik Mohd Jamaluddin
- Citation
- BL-12BNCvC-19-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12BNCvC-19-05/2023 (Mahkamah Tinggi)
The High Court upheld the Sessions Court finding that the developer breached its duty of care and the express and implied terms of the SPA by failing to properly treat the soft clay site, causing soil subsidence and recurrent external defects; the trial judge properly preferred the respondents’ geotechnical expert (SP7) over the developer’s expert, the quantum based on SP7’s BOQ was supported by evidence, and the appeal was dismissed with costs.