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2023 MarsdenLR 1561

HIGH COURT MALAYA SHAH ALAM
AZMAN KARIM & ANOR – Appellant
Versus
HASA ARKITEK SDN BHD & ORS – Respondent


Petitioner Advocates:Edward Saw Keat Leong,Jerry Low Kok Kiang ,Respondent Advocate: Andrew Heng Yeng Hoe,Roger Leong Chun Lim

Judgement Key Points

The grounds of appeal are based on the assertion that the lower court erred in its interpretation and application of the duty of care owed by the defendants. Specifically, the appeal contends that the court failed to recognize that the duty of care extended beyond contractual obligations, arising instead from the nature of the relationship, conduct, and professional standards. The appeal also challenges the court’s conclusion that statutory provisions do not automatically create a tort of breach of statutory duty, arguing that the legislative intent should have been interpreted more broadly to impose liability where appropriate. Furthermore, the appeal asserts that the lower court did not adequately consider the evidence demonstrating the defendants’ negligent conduct in supervising the project, advising on costs, and ensuring timely completion, which are critical factors establishing breach of duty. The appellant contends that these oversights led to an incorrect determination of liability and damages, and thus, the decision should be reconsidered.


Table of Content
1. factual background of the case (Para 1 , 2 , 3 , 4)
2. contractual obligations and agreements (Para 5 , 6 , 7 , 8)
Wong Kian Kheong J:

A. Introduction

[1] In this case:

(1) the 1st plaintiff (1st Plaintiff) is the husband of the 2nd plaintiff (2nd Plaintiff). The 1st and 2nd Plaintiffs (referred collectively in this judgment as the "Plaintiffs") owned a two-storey bungalow erected on a piece of land with a postal address of no 15 (PT 30167), Jalan Awan Larat U8/74, Seksyen U8, Bukit Jelutong, 40150 Shah Alam, Selangor Darul Ehsan (Site);

(2) the 1st defendant company (1st Defendant) is a company which provides architectural services. The 2nd defendant (2nd Defendant), a qualified architect, is a director of the 1st Defendant; and

(3) the 3rd defendant company (3rd Defendant) does construction work.

[2] The Plaintiffs through the 1st Defendant's letter dated 4 September 2012 [Contract (Plaintiffs- 3rd Defendant) ] appointed the 3rd Defendant to be the main contractor for extensive renovation works on the Site, namely, to build a three-storey bungalow with, among others, a gazebo, swimming pool and jacuzzi (Project). The Contract (Plaintiffs-3rd Defendant) was accepted by

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