00:00The High Court has dismissed a RM40.67 million lawsuit filed by a massing group subsidiary over cracks found in
00:07a residential block and adjoining multi-storey car park in Rawang.
00:11Justice Azlan Sulaiman ruled that elite park development failed to prove the defects were caused by negligent structural design, poor
00:19construction or substandard materials.
00:21The dispute involved a 10-storey apartment block and car park at the M Residence 2 Township, where cracks appeared
00:28in several transfer beams after construction.
00:31Instead of repairing the defects, the developer demolished the entire car park and up to 90% of the apartment
00:37block before suing structural engineer Zulkibli Abu Bakar, main contractor Pembinaan Infrastruktur OKH Sendirian Berhad and insurer Loan Pack Insurance
00:47Berhad.
00:48Justice Azlan said the only expert report available when the decision to demolish structures was made had recommended repairs, while
00:55no company executive or board member testified to explain why the buildings were torn down instead.
01:00Azlan also rejected the claim against the main contractor after finding that the developer had demolished the structures before an
01:08expert could properly investigate them.
01:10The judge also ruled that the insurer was not liable because the losses did not arise from an unforeseen event
01:16covered under the policy.
01:18Elite Park was ordered to pay RM1.65 million in legal costs to the three defendants, while the engineer was
01:24awarded RM114,088.23 in outstanding professional fees.
01:30Moon Joon Young, FMT
01:31yeah
01:31the
01:32or
01:32goes
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