Ho Chen Hwee v Perbadanan Pengurusan St. Mary
Catchwords
Abstract A condominium owner sued the management corporation for losses after a water leak took nine months to repair (actual work: 17 days). The Magistrate dismissed the claim, focusing on whether the leak originated from "common property." The High Court reversed, finding the Magistrate misdirected himself. The real issue was whether the nine-month delay was reasonable. The Defendant's pleadings, conduct, and witness testimony showed clear acceptance of responsibility. The Defendant's witness admitted the delay was a "mistaken decision" to wait for insurance approval that caused the Plaintiff's loss. The Court held the Defendant could not first assume responsibility then deny legal obligation (doctrine of approbation and reprobation). Keywords Water leakage - management corporation - admission of liability - approbation and reprobation - unreasonable delay - loss of rental - appellate intervention
Judges (1)
Case Significance
Ho Chen Hwee v Perbadanan Pengurusan St. Mary is a High Court (Mahkamah Tinggi) decision dated May 19, 2025 (citation: wa-11bncvc-58-11-2024). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Water leakage - management corporation - admission of liability - approbation and reprobation - unreasonable delay - loss of rental - appellate intervention.
What was the outcome of Ho Chen Hwee v Perbadanan Pengurusan St. Mary?
Ho Chen Hwee v Perbadanan Pengurusan St. Mary is a High Court decision dated May 19, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-11bncvc-58-11-2024)