27 Nov 2019
E.C.H. DEVELOPMENT & MANAGEMENT SDN. BHD. 1. ) PRABAGARAN A/L PERUMAL 2. ) PRIYA DHARASHNI A/P SREENEVASAN
- Citation
- W-02(NCVC)(W)-1761-08/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- W-02(NCVC)(W)-1761-08/2018 (Mahkamah Rayuan)
As registered proprietor of the separately issued 51m2 title the plaintiff retained exclusive proprietary rights and the defendants' structures occupying that titled land constituted trespass actionable per se; plaintiff did not owe a duty of care in negligence to subsequent purchasers for the pure economic loss asserted and the defendants' counterclaim was barred by res judicata given the previous suit resolving the shortfall in area between developer and Previous Proprietors.