30 Jul 2024
HORSEDALE DEVELOPMENT BERHAD 1. ) RAYMOND ONG KHOON HEE 2. ) LOH SIAW KIANG
- Citation
- BA-12BNCvC-56-11/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCvC-56-11/2023 (Mahkamah Tinggi)
The appeal is dismissed. The Sessions Court provided legally sufficient reasons and was not plainly wrong. Expert evidence established structural/latent defects and that the watertightness failure of RC flat roofs depended on the waterproofing system installed by a specialist with a 10-year warranty still subsisting; the developer knew of that warranty but failed to engage the specialist and did not properly ensure effective waterproofing. Consequently the developer remained liable to effect proper remedial works and the Sessions Court's award (general and special damages, interest and costs)…