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2000 MarsdenLR 1624

JAMES FOONG
STEVEN PHOA CHENG LOON – Appellant
Versus
HIGHLAND PROPERTIES SDN BHD – Respondent


Advocates:
For the 1st defendant - AD Rajah (Mr. Khoo with him); M/s Khoo & CH Loo For the 2nd defendant - Melvin Selvam (Sharon Kaur with him); M/s Jagjit Singh & Co For the 4th defendant - VS Viswanathan (S Ravichandran with him); M/s VS Viswa&Co For the 5th defendant - Cecil Abraham (Dhinesh Bhaskaran with him); M/s ShearnDelamore & Co For the 6th defendant - not represented For the 7th & 8th defendant - RR Sethu (Kelvin Kong with him); M/s Heng & Morgan For the 9th & 10th defendant - Mohd Zawawi Salleh, State Legal Advisor of Selangor(Tuan Nik Suhaimi Nik Suleiman with him) For the plaintiff - Rajendra Navaratnam (Yatiswara Ramachandran with him); M/sAzman Davidson & Co

Table of Content
1. collapse of block 1 led to legal actions regarding negligence. (Para 1 , 2)
2. claims arose from negligence related to construction and drainage. (Para 4 , 5)
3. duties of care established among various defendants. (Para 6 , 7)
James Foong J:

Introduction

Highland Towers, as is collectively known, consist of three blocks 12 storey high apartments named simply as block 1, 2, and 3 respectively. It was constructed sometime between 1975 and 1978 and the residents who dwelled therein were middle income earners. Directly behind the three blocks was a rather steep hill with a stream flowing west, if it was allowed to follow its natural course. The attraction of this place was the natural surroundings with an extensive view of the city of Kuala Lumpur.

On Saturday, 11 December 1993, at about 1.30pm, after ten days of continuous rainfall, block 1 collapsed. When rescue operation was called off after days of searching, 48 people were recorded dead. The nation declared this incident as a - national tragedy.

Immediately after the collapse of Block 1 the residents of Block 2 & 3 were prevented from entering their apartments by the local authority having jurisdiction of the ar

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