KOTA KINABALU: The High Court here yesterday allowed part of the claims in a suit brought by 102 shop owners from Megalong Shopping Mall in Penampang against two companies and Penampang District Council for allegedly breaching their sales and purchase agreement.
In their suit, the shop owners had named Megalong’s developer Suara Wira Sdn Bhd, its manager West Master Sdn Bhd and Penampang District Council as their first, second and third defendants.
In his partial award, Justice Ravinthran Paramaguru allowed for the refund of service charges collected before the date of the occupation certificate and the claim for late delivery of parcels to the affected shop owners.
The court also ordered the first and second defendants to pay RM30,000 costs to the shop owners.
Meanwhile, the court disallowed another claim by the shop owners against the three defendants for removing one escalator at the mall.
The judge held that the defendants had the right to delete one out of three escalators.
However, as the extension to the sixth floor of the shopping complex was not allowed, the court ordered the first defendant to submit its existing building plan to the Lands and Surveys Department within six months from yesterday.
Counsel Roland Cheng represented the shop owners while counsel Saiful Mokhtar acted for the first and second defendants and counsel Sylvia Jawatin for the third defendant.