Malaysia Case Law: Decisions & Judgments

Topic

Defect liability period (dlp)

Legal area

Court

30 Jan 2026

Sime Darby Property (Bukit Jelutong) Sdn Bhd SPIRAL PRISTINE SDN BHD

Citation

B-02(C)(W)-592-04/2023 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(W)-592-04/2023 (Mahkamah Rayuan)

The Court upheld the High Court: purchasers proved existence of defects (air-conditioning and other construction defects) and causation by developer's breach of materials and workmanship obligations; signatures on certain DRFs/FFs were forged and thus not binding; Regulation 11(1B) cannot be used to contract out of statutory protections to deprive purchasers; DLP excludes only patent defects and does not bar claims for latent defects; purchasers proved rectification costs by expert evidence. Consequently appellant's appeals dismissed and High Court judgment affirmed.
30 Jan 2026

Sime Darby Property (Bukit Jelutong) Sdn Bhd 1. ) NITT SDN BHD 2. ) Susilawati Binti Ahmad

Citation

B-02(C)(W)-595-04/2023 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(W)-595-04/2023 (Mahkamah Rayuan)

The Court affirmed the High Court's factual findings that defects (both air‑conditioning and other defects) were proven and caused by the developer's breach of materials and workmanship obligations; the purchasers proved forgery of DRFs/FFs sufficient to exclude them; Regulation 11(1B) cannot be used to contract out of statutory protections so as to deprive purchasers of the statutory obligations; latent defects remain claimable after DLP; expert evidence adduced by purchasers sufficed to establish rectification quantum. Consequently all six appeals were dismissed and the High Court judgment…
30 Jan 2026

Sime Darby Property (Bukit Jelutong) Sdn Bhd 1. ) ALBERT CHAI MIN CHUNG 2. ) ADELE LEONG BOON YIEN

Citation

B-02(C)(W)-596-04/2023 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(W)-596-04/2023 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: purchasers proved existence of patent and latent defects and developer breached statutory/materials and workmanship obligations in the SPAs; contested DRFs/FFs were forged and inadmissible; developer could not contract out of Schedule I protections in the asserted manner; the DLP bars only patent defects discoverable within 24 months and does not preclude claims for latent defects; applications to admit fresh evidence and cross-appeals were dismissed/struck out; appellants' appeals dismissed and High Court judgment affirmed with costs.
14 Nov 2023

PEMBINAAN THIN CHAI SDN BHD OKA MARKETING SDN BHD

Citation

JA-22C-6-09/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22C-6-09/2022 (Mahkamah Tinggi)

The application for discovery (enclosure 13) was dismissed because the Plaintiff failed to establish that the documents sought were relevant and in the Defendant's possession, custody or power as required by O.24 r.7a ROC 2012; the Plaintiff's evidence was inconsistent as to who held the documents and did not satisfy the burden on balance of probability that discovery was necessary to dispose fairly of the matter or save costs.
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.

Malaysia Case Law

Sime Darby Property (Bukit Jelutong) Sdn Bhd SPIRAL PRISTINE SDN BHD

Sime Darby Property (Bukit Jelutong) Sdn Bhd 1. ) NITT SDN BHD 2. ) Susilawati Binti Ahmad

Sime Darby Property (Bukit Jelutong) Sdn Bhd 1. ) ALBERT CHAI MIN CHUNG 2. ) ADELE LEONG BOON YIEN

PEMBINAAN THIN CHAI SDN BHD OKA MARKETING SDN BHD

MALAYAPINE ESTATES SDN B HD Kong Chee Young