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2025 MarsdenLR 2367

HIGH COURT MALAYA KUALA LUMPUR
BAYU MELATI SDN BHD – Appellant
Versus
DR JOSHUA EMMANUEL & ANOR – Respondent


Petitioner Advocates:Kemkumar Lopez ,Respondent Advocate: Jeffrey John

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The case involves an appeal concerning a claim for damages related to a bungalow purchased under a Sale & Purchase Agreement (SPA) with a defect liability period of 24 months (!) .

  2. The plaintiffs initially filed a claim for damages within the defect liability period, supported by a Defects List submitted during that time (!) (!) .

  3. The Sessions Court awarded damages based on multiple claims, including costs for repairs, topography, and other damages, as well as exemplary damages and interest (!) - (!) .

  4. The defendant appealed, asserting that claims made after the expiry of the defect liability period were not valid, and that the damages awarded were unsupported by the pleadings and evidence (!) (!) .

  5. The appellate court emphasized that under the SPA, only defects notified within the defect liability period are actionable, and claims based on reports or evidence obtained after this period are not recoverable (!) (!) .

  6. The court found that certain claims for damages, including those for costs of rectification, flooding, and related expenses, were based on reports and evidence obtained well after the expiry of the defect liability period (!) (!) (!) - (!) .

  7. The court determined that the plaintiffs' claims for damages related to defects outside the scope of the Defects List and beyond the defect liability period were improperly allowed, and thus, the appeals against these claims were successful (!) - (!) .

  8. The court also scrutinized the claim for exemplary damages and found no sufficient reasons or legal basis for awarding such damages, leading to its dismissal (!) - (!) .

  9. The court dismissed the defendant’s counterclaim due to the absence of relevant pleadings and evidence in the record (!) .

  10. Overall, the appellate court set aside the lower court’s awards for damages and ordered that the plaintiff’s claims be dismissed, with costs awarded to the defendant (!) - (!) .

  11. The court reaffirmed the principle that appellate courts should only interfere with factual findings if they are plainly wrong, and emphasized the importance of parties adhering strictly to their pleadings and the scope of their claims (!) - (!) .

  12. The decision underscores that claims for damages must be supported by timely and relevant evidence, specifically within the period stipulated in the contractual agreement, and that evidence obtained outside this period cannot be used to substantiate claims for defects or damages (!) (!) .

These points collectively summarize the court’s reasoning, findings, and final decision in this case.


Table of Content
1. introduction to the case and key facts. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. details of the judgment in favor of plaintiffs. (Para 8 , 9)
3. court's jurisdiction and appeal principles. (Para 10 , 11 , 12 , 13 , 14)
4. defendant's liability based on defect liability period. (Para 15 , 16 , 17 , 18)
5. examination of rm377,045 claim and findings. (Para 19 , 20 , 21 , 22)
6. consideration of rm435,000 claim and ruling. (Para 23 , 24 , 25 , 26)
7. evaluation of special damages of rm27,171. (Para 27 , 28 , 29)
8. assessment of restoration costs claim. (Para 30 , 31 , 32)
9. exemplary damages claim ruling. (Para 33 , 34 , 35 , 36)
10. discussion on the dismissal of counterclaims. (Para 37 , 38 , 39 , 40 , 41 , 42)
11. final ruling and order by the court. (Para 43)
JUDGMENT

Azlan Sulaiman J:

Introduction

[1] The parties shall be referred to as they stood in the Sessions Court.

[2] This Judgment is on the appeal against the decision of the Sessions Court allowing the claim by the plaintiffs against the defendant for damages for unrectified defects of a bungalow house in Shah Alam Selangor that they had purchased from the defendant.

Salient Facts

[3] By a Sale & Purchase Agreement dated 25 Jul

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