RAINBOW OPTION SDN BHD v 1. ) YUK TUNG PROPERTIES SDN BHD 2. ) YUK TUNG BUILDERS SDN BHD 3. ) GEOPANCAR SDN BHD 4. ) R&C CERGAS TEGUH SDN BHD 5. ) SURIAMAS LUMAYAN SDN BHD 6. ) NESTCON BUILDERS SDN BHD
wa-23ncvc-48-06-2022 High Court (Mahkamah Tinggi) 7 January 2026 • WA-23NCvC-48-06/2022 • 9 min read
Catchwords
Conclusion [172] This Court finds that the 4th Defendant was negligent with regard to the falling debris and physical disturbance as claimed by the Plaintiff. The evidence propels this Court to award the following: (i) Specific damages in the sum of RM8,799.00 (ii) General damages in the sum of RM100,000.00 (iii) Exemplary damages in the sum of RM100,000.00 [173] As for nuisance of noise, light, dust and traffic congestion, the Plaintiff is awarded the sum of RM50,000.00 for the reasons stated above. [174] The 4th Defendant together with the 1st and 2nd Defendant are jointly and severally liable to pay to the Plaintiff the said sums above. [175] This Court dismisses the Plaintiff’s claims against the 3rd Defendant, the 5th Defendant and the 6th Defendant in its entirety. [176] There is much ado when it comes to the issues of costs. The learned counsel for the 3rd Defendant prayed for costs of RM100,000.00 and another RM30,000.00 for the expert which had to be engaged at a very late stage. Furthermore, the expert’s assistance was required again to rebut the further opinions of the Plaintiff’s expert. This Court was implored to take into account the many days of trial (across 16 days even though some were half days). Counsel for the Plaintiff proposed only a payment of RM70,000.00. [177] Counsel for the 1st, 2nd and 4th Defendant sought for a net payment of RM80,000.00 as the Plaintiff did not succeed in all its claims against them. They too had engaged in an expert. [178] Counsel for the 5th Defendant sought costs of RM60,000.00 for having been dragged through the lengthy trial and having to defend its position from various angles. Counsel for the Plaintiff suggested a sum of RM30,000.00 [179] Counsel for the 6th Defendant meanwhile prayed for an amount of RM80,000.00 as costs. Likewise, counsel for the Plaintiff submitted that costs of RM30,000.00 is more than sufficient. [180] This Court takes into account the 16 days of trial with robust conduct of examination by all learned counsels. Although some are half days, it cannot be denied that considerable time were poured into this trial. The engagement of experts and the evidence they produced is another factor in the formulation of the costs to be awarded. [181] At the same time, this Court is mindful that the individual, man on the street, and in this case, a small entity ought not to be dissuaded from seeking enforcement of legal rights. Also, in bringing lawsuits and roping in many parties as litigants, this Court presumes that much legal thought and strategic considerations were given. [182] For this case, this Court deems the following sums awarded as costs to be the fairest given the facts, circumstances and outcome. The costs, subject to allocator, to be paid by the Plaintiff forthwith are: (i) To the 3rd Defendant, a sum of RM100,000.00 (ii) To the 5th Defendant, a sum of RM60,000.00 (iii) To the 6th Defendant, a sum of RM60,000.00 [183] As for costs in relation to the Plaintiff’s suit against the 1st, 2nd, and 4th Defendant, there was only partial success. Taking everything into account, a sum of RM80,000.00, subject to allocator is awarded to the Plaintiff.
Judges (1)
Case Significance
RAINBOW OPTION SDN BHD v 1. ) YUK TUNG PROPERTIES SDN BHD 2. ) YUK TUNG BUILD... is a High Court (Mahkamah Tinggi) decision dated January 7, 2026 (citation: wa-23ncvc-48-06-2022). The case was decided by Roz Mawar binti Rozain.
Key issues: This is a claim arising from two major high rise construction projects carried out in close proximity to the Plaintiff's long - established restaurant premises known as Sassarosso..
What was the outcome of RAINBOW OPTION SDN BHD v 1. ) YUK TUNG PROPERTIES SDN BHD 2. ) YUK TUNG BUILD...?
RAINBOW OPTION SDN BHD v 1. ) YUK TUNG PROPERTIES SDN BHD 2. ) YUK TUNG BUILD... is a High Court decision dated January 7, 2026. The case was heard by Roz Mawar binti Rozain. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-23ncvc-48-06-2022)