Liew (front row, second right) with the house buyers at court house yesterday.
KOTA KINABALU: The Court of Appeal here yesterday dismissed with costs the appeal by the developer against the High Court decision to award a total of RM4.5 million to 46 buyers of residential units in Taman Bukit Ujana.
The three-member Appellate Court panel headed by Justice Datuk Ramli Hj Ali, who sat with Justices Dato’ Ananthan Kasinather and Dato’ Abdul Aziz Abdul Rahim, unanimously upheld the High Court decision on the civil suit brought by Lim Chon Jet @ Lim Chon Jat and 45 other house buyers against Yusen Jaya Sdn Bhd.
High Court Judge Datuk David Wong Dak Wah had on January 28 last year ordered the developer to pay RM4.5 million to the house buyers for negligence and breach of contract.
The company, which was represented by counsel Ronny Cham, was ordered to pay RM305,681.67 in liquidated and ascertained damages for late delivery of the houses under Clause 18 (2) of the Sale and Purchase Agreements, RM4,148,793 in damages for breach of contract and RM137,989 for costs of investigation.
The house buyers, who were represented by counsel Alex Decena, Wilson Lai and Christina Liew, had named Yusen Jaya Sdn Bhd as the sole defendant in their suit filed on May 5, 2008 to seek a declaration from the court that that they were entitled to liquidated and ascertained damages under Clause 18 of the Sale and Purchase Agreements made between them (the plaintiffs) and the developer.
The plaintiffs were also seeking damages for breach of contract, breach of statutory duty, negligence, distress and inconvenience, loss of amenity value of the houses and or the diminution value of the houses and the maintenance costs throughout the life span of the houses.
In supporting their claims, they said that after the issuance of the Certificate of Fitness for Occupation to the houses, defects due to defective materials or workmanship that were not in accordance with the agreements and or approved plans appeared.
They also claimed the developer breached its contractual duty by carrying out non-conformance works and or defective workd not in accordance with the agreements and or using inferior and unsuitable materials.