Malaysia Case Law: Decisions & Judgments

Topic

Remedial works

Legal area

Court

30 Oct 2023

MALAYAPINE ESTATES SDN BHD 1. ) Lee Tzyy Ching 2. ) Lee Eng Chin 3. ) Wong Swee Yok

Citation

BL-12BNCvC-16-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-16-05/2023 (Mahkamah Tinggi)

The High Court upheld the Sessions Court: the developer breached its duty of care and contractual obligation by failing to carry out adequate ground treatment on soft clay, causing soil subsidence and recurring external defects; the plaintiffs' geotechnical expert (SP7) whose opinion was supported by site inspection and borehole data was preferred to the defendant's report; latent defects were not barred by the defect liability period; the quantum awarded based on SP7's bill of quantities and evidence was appropriate and is upheld.
30 Oct 2023

MALAYAPINE ESTATES SDN B HD 1. ) Shalini A/p Subramaniam 2. ) Mogana Dassa/l Thyagarajan

Citation

BL-12BNCvC-17-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-17-05/2023 (Mahkamah Tinggi)

The High Court upheld the Sessions Court: on the evidence and judicial appreciation the developer failed to carry out proper ground treatment causing soil consolidation settlement and recurrent external defects; the court preferred the independent geotechnical expert (SP7) who performed site inspections and boreholes over the developer's expert (SD1) and found the developer breached its express and implied contractual obligations (Clause 13 SPA) and common law duty of care; latent defects claim not barred by DLP; the Sessions Court's quantum based on SP7's bill of quantities was not disturbed.
30 Oct 2023

MALAYAPINE ESTATES SDN B HD 1. ) EDWIN A/L ARIGAM 2. ) CORINA A/P BENNI

Citation

BL-12BNCvC-18-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-18-05/2023 (Mahkamah Tinggi)

The High Court upheld the Sessions Court’s factual findings, preferred the homeowners’ geotechnical expert (SP7) over the developer’s expert (SD1) because SP7 conducted site inspections and borehole investigations, concluded the developer failed to carry out adequate ground treatment and thus breached its duty of care and Clause 13 of the SPA, held latent defects are actionable beyond the defect liability period and affirmed the awards for remedial costs and damages.
30 Oct 2023

MALAYAPINE ESTATES SDN B HD 1. ) Vincent Raj A/l Rangavan 2. ) Christabel Michael

Citation

BL-12BNCvC-15-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-15-05/2023 (Mahkamah Tinggi)

Trial judge properly preferred the plaintiffs' geotechnical expert (SP7) over the defendant's expert on the basis of site inspection, borehole investigation and reliable analysis; developer failed to demonstrate proper ground treatment and thus breached both duty of care and contractual obligation to construct in a good and workmanlike manner; remedial works recommended by plaintiffs' expert are necessary and quantum awarded was supported by evidence and therefore appellate court will not disturb findings or awards.
30 Oct 2023

MALAYAPINE ESTATES SDN B HD 1. ) Muhammad Hattan Bin Zainal 2. ) Nik Fatimah Zurah Binti Nik Mohd Jamaluddin

Citation

BL-12BNCvC-19-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-19-05/2023 (Mahkamah Tinggi)

The High Court upheld the Sessions Court finding that the developer breached its duty of care and the express and implied terms of the SPA by failing to properly treat the soft clay site, causing soil subsidence and recurrent external defects; the trial judge properly preferred the respondents’ geotechnical expert (SP7) over the developer’s expert, the quantum based on SP7’s BOQ was supported by evidence, and the appeal was dismissed with costs.
30 Oct 2023

MALAYAPINE ESTATES SDN B HD 1. ) MARY A/P ATHONEY 2. ) PAUL DANIEL A/L JOSEPH RAJ

Citation

BL-12BNCvC-12-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-12-05/2023 (Mahkamah Tinggi)

The High Court upheld the Sessions Court: the developer breached its duty of care and the express/implied contractual obligation to construct in a workmanlike manner by failing to carry out proper ground treatment on soft clay, the plaintiffs' expert evidence (SP7) based on site inspection and boreholes was preferred over the defendant's expert, the developer is 100% liable for remedial costs and damages awarded, and the defendant's appeal is dismissed with costs.
30 Oct 2023

MALAYAPINE ESTATES SDN B HD Gan Chee Sin

Citation

BL-12BNCvC-10-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-10-05/2023 (Mahkamah Tinggi)

The High Court upheld the trial judge's factual findings after reviewing evidence and expert reports, preferred plaintiffs' expert SP7 (site inspection and boreholes) over SD1, concluded developer failed to perform adequate ground treatment and breached both duty of care and Clause 13 of the SPA, held latent defects are actionable despite expiry of DLP, and found the quantum awarded for remedial works to be supported by reliable evidence; therefore the appeal was dismissed.
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.
30 Oct 2023

MALAYAPINE ESTATES SDN B HD 1. ) NG KOK NEO 2. ) TAY SUAT HOON

Citation

BL-12BNCvC-20-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-20-05/2023 (Mahkamah Tinggi)

The High Court dismissed the developer's appeal and affirmed the Sessions Court: the developer breached its duty of care and the express/implied contractual obligation to provide houses constructed in a good and workmanlike manner by failing to properly treat the soft clay site, causing soil subsidence and recurring external defects; the trial judge properly preferred the plaintiffs' geotechnical expert evidence (SP7) and the awards of damages were supported by evidence and therefore upheld.
30 Oct 2023

MALAYAPINE ESTATES SDN B HD 1. ) HEA WEI KEE 2. ) TEE LEE HONG

Citation

BL-12BNCvC-14-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-14-05/2023 (Mahkamah Tinggi)

Trial judge properly preferred the respondents' geotechnical expert (SP7) whose opinion was supported by site inspection and borehole investigations showing inadequate ground treatment and resulting soil subsidence; on that factual basis the developer breached its duty of care and Clause 13 SPA, latent defects claim survived expiry of the DLP, and the remedial cost estimates in SP7's bill of quantities justified the quantum awarded. The appellate court will not disturb those findings and dismisses the appeal.