LENG WIE MUN v SAEED BIN ALI MAGAD
Catchwords
The Plaintiff’s claim allowed 1. the water staining and damage on the kitchen wall of Unit B-08-06 was caused by leakage from the slab of the Defendant's Unit B-09-06 2. Regulation 55 threshold is satisfied. There was evidence of water penetration on the ceiling of the box-up area in Unit B-08-06, that ceiling being part of the interior of the Plaintiff's parcel. 3. Plaintiff has not materially departed from her pleadings and has been consistent throughout. 4. The Defendant is liable for the inter-floor leakage that caused damage to Unit B-08-06, and his obligation to rectify arose upon service of Form 28 on 4 June 2022 and has remained unperformed to date 5. The Defendant shall, within fourteen (14) days from the date of this Order, take all necessary steps to identify and rectify any defect(s) in Unit B-09-06, Vista Kiara, Kuala Lumpur (the Defendant's Unit) that have caused, or remain capable of causing, inter-floor water leakage into Unit B-08-06, Vista Kiara, Kuala Lumpur (the Plaintiff's Unit), including but not limited to any defect in or around the kitchen sink area, plumbing, drainage pipes, and/or any pipe or fixture servicing the Defendant's Unit, insofar as the same has not been properly rectified to date. 6. For the avoidance of doubt, where the Defendant has already undertaken any rectification or remedial works in respect of the said defect(s), including the installation of any bypass pipe or the replacement of any concealed pipe within the Defendant's Unit, the Defendant shall within the same period of fourteen (14) days from the date of this Order: (a) furnish to the MC all documentation required under the by-laws and house rules of the MC pertaining to the said works, including but not limited to the relevant contractor access and works notification forms, for the purposes of regularizing the said works with the MC; (b) procure the inspection and written certification of the said works by a certified professional engineer registered under the Registration of Engineers Act 1967 (the Certifying Engineer), confirming that the said works in Unit B-09-06 (the Defendant’s unit) have been properly carried out and that the defect(s) causing the inter-floor leakage to have been fully and adequately remedied; (c) furnish a copy of the Certifying Engineer's written certification to both the MC and the Plaintiff's solicitors. 7. In the event that any defect(s) remain outstanding and have not been rectified prior to the date of this Order, the Defendant shall engage a certified professional engineer registered under the Registration of Engineers Act 1967 to inspect the Defendant's Unit and to identify all defects that have caused or are capable of causing inter-floor leakage to the Plaintiff's Unit, and shall complete all rectification works as advised by the said certified engineer within the period of fourteen (14) days as aforesaid, and thereafter obtain and furnish the written certification referred to in the preceding paragraph above. 8. In the event the Defendant fails to comply as ordered within the prescribed period, the MC and/or the Plaintiff shall be at liberty to apply to this Court for further directions, including an order authorizing the Plaintiff and/or the MC to enter the Defendant's Unit to carry out or procure the necessary rectification works, with all costs and expenses of such works to be borne by and recoverable from the Defendant. 9. The Defendant pays to the Plaintiff the amount of RM23,000 as general damages for the costs of rectification and reinstatement of Unit B-08-06 to its pre-damage condition, such sum to be paid to the Plaintiff within 14 days from the date of this judgment. 10. Costs of these proceedings are awarded to the Plaintiff in the sum of RM15,000 subject to allocator. keywords : causation, pleadings, St
Judges (1)
Parties (2)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-165-04-2023)