Gopal Sri Ram JCA (Judgment Of The Court):

Facts And Background

We must say at the very outset that after hearing full argument over four days, we find these appeals to be tolerably plain. They entail no new point of policy or principle. At the end of the day this is merely a case calling for an application of settled law to particular facts. And a brief narrative of those facts is as follows.

Along Jalan Ulu Kelang there is a residential area known as Taman Hillview. It comprises of bungalows and high rise apartments. At all times material to the present litigation there were three tower blocks that stood there. They were called Block 1, 2 and 3. They stood in fairly close proximity to each other. They were all constructed between 1975 and 1978. The trial judge treated them for the purposes of the present litigation as a single unit. All before us are agreed that they should be so treated. Behind these three blocks is a hill. There is a stream that flows along it. At one time that stream used to flow its course.

On 11 December 1993, after continuous rainfall for the preceding ten days, Block 1 collapsed. Many people lost their lives in consequence. It had a serious impact