30 Oct 2023
MALAYAPINE ESTATES SDN B HD 1. ) FOO TIANG KIT 2. ) CHAW SIEW WEN
- Citation
- BL-12BNCvC-8-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BL-12BNCvC-8-05/2023 (Mahkamah Tinggi)
The High Court upheld the Sessions Court finding that the developer breached its duty of care and the express term in clause 13 of the SPA by failing to undertake adequate ground treatment causing soil subsidence and recurring external defects; the court preferred the independent geotechnical expert (SP7) whose site inspections and borehole investigations supported permanent remediation (piling/settlement grouting); latent defects are not barred by the defect liability period; quantum awarded based on SP7's bill of quantities was reasonable; appeal dismissed with costs.