30 Oct 2023
MALAYAPINE ESTATES SDN B HD Feng Sook Yin
- Citation
- BL-12BNCvC-9-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12BNCvC-9-05/2023 (Mahkamah Tinggi)
The High Court upheld the Sessions Court finding that the developer breached its duty of care and the express/implied term in the SPA to construct houses in a good and workmanlike manner by failing to carry out adequate and verifiable ground treatment on soft clay, accepting the plaintiffs’ expert (SP7) evidence based on site inspection and boreholes as more reliable than the defendant’s expert; consequently the developer is 100% liable for remedial works and damages awarded by the Sessions Court were sustained.