| Fadley Faisal |
A BUILDING contractor lost a civil appeal against the owner of a house who sued the contractor over a house extension which developed serious faults.
Hjh Siti Isah binte Lakim @ Dy Hajah Aishah, represented by lawyer Rudi Lee, filed a suit against Shun Wei Co Sdn Bhd, who was represented by lawyer Robin Cheok.
On May 14, 2007, the owner of the house agreed to sell a plot of land to the contractor for $80,000 and a subsequent agreement stated that in lieu of the purchase the contractor would build an extension to the owner’s house.
The contractor built the extension which developed serious faults leading to the owner suing the contractor in the High Court.
A specialist contractor was appointed to investigate and report on the situation.
Having obtained reports from a specialist, the owner applied that the contractor had no further claim to the plot of land because the specialist recommended that the extension be demolished.
The senior registrar heard the parties’ submissions on May 20, 2014 ruled in favour of the owner and declared that the contractor had no further claim to the plot of land together with orders for payment of two small sums in compensation.
The contractor’s appeal in the High Court on September 4, 2014 was dismissed with costs.
The contractor then sought to appeal in the Court of Appeal contending that the appeal should be struck out as they had not obtained leave to appeal. The Court of Appeal Justices concluded that the High Court decision was final and dismissed the appeal, after going through submissions and contentions of the appellant.