28 Nov 2023
Tai Yat Choy Yun Hong Kew @ Yun Hong Keow
- Citation
- BA-23NCvC-5-01/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-23NCvC-5-01/2020 (Mahkamah Tinggi)
On the evidence, including unchallenged geologist reports and factual testimony, the defendant carried out earthworks that created an artificial fill slope within the shared buffer zone causing foreseeable soil movement and damage to the plaintiff's fence, drains and hydrant pipe; that conduct constituted actionable private nuisance and physical trespass and therefore the defendant is fully liable; assessment of quantum is required at a separate hearing.