Sime Darby Property (Bukit Jelutong) Sdn Bhd v SPIRAL PRISTINE SDN BHD

b-02cw-592-04-2023 Court of Appeal (Mahkamah Rayuan) 29 January 2026 • B-02(C)(W)-592-04/2023 • 79 min read
27 cases cited (0 SG, 27 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (8)

Parties (2)

Case Significance

Sime Darby Property (Bukit Jelutong) Sdn Bhd v SPIRAL PRISTINE SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated January 29, 2026 (citation: b-02cw-592-04-2023). <p>This appeal was heard together with five related appeals by Sime Darby Property against the High Court's decision allowing homebuyer Spiral Pristine Sdn Bhd's claim for construction defects in a Bukit Jelutong bungalow. The Court of Appeal dismissed the appeal on the same grounds as the lead case, affirming the developer's liability for defects and the quantum of damages based on rectification costs. The developer was ordered to pay RM30,000 in costs.</p> The panel comprised Azimah binti Omar, Azizah binti Haji Nawawi and Utama Wan Ahmad Farid bin Wan Salleh, with Azimah binti Omar delivering the judgment. Counsel appearing: Colin Andrew Pereira (counsel for respondent), Dato' Nitin Nadkarni (counsel for appellant), Jeslyn Ling Li Gin (counsel for respondent), Pan Yan Teng (counsel for appellant), Rohan Arasoo Yeyabalah (counsel for appellant), Stephanie Lim Shu Jun (counsel for appellant).

Summary

This appeal was heard together with five related appeals by Sime Darby Property against the High Court's decision allowing homebuyer Spiral Pristine Sdn Bhd's claim for construction defects in a Bukit Jelutong bungalow. The Court of Appeal dismissed the appeal on the same grounds as the lead case, affirming the developer's liability for defects and the quantum of damages based on rectification costs. The developer was ordered to pay RM30,000 in costs.

What was the outcome of Sime Darby Property (Bukit Jelutong) Sdn Bhd v SPIRAL PRISTINE SDN BHD?

<p>This appeal was heard together with five related appeals by Sime Darby Property against the High Court's decision allowing homebuyer Spiral Pristin...

Statutes Cited

Contracts Act 1950
s 74
Indian Contract Act
s 73
Rules of Court 2012

Cases Cited (27)

UK (3)
[1971] 3 All ER 237 [1978] 3 All ER 37 [1994] 1 WLR 1360
MY (24)
[1961] 1 MLJ 17 [1982] 2 MLJ 31 [1989] 3 MLJ 360 [1993] 3 MLJ 360 [1999] 1 MLJ 65 [2007] 2 MLJ 229 [2008] 2 CLJ 232 [2008] 2 CLJ 284 [2009] 7 MLJ 681 [2014] 3 MLJ 672 [2016] 1 MLJ 464 [2016] 10 MLJ 635 [2016] 8 CLJ 149 [2017] 4 MLJ 697 [2019] 5 CLJ 139 [2020] 12 MLJ 6 [2020] 6 MLJ 133 [2020] 6 MLJ 191 [2021] MLJU 140 [2022] MLJU 1969 [2023] 5 MLJ 644 [2023] MLJU 1159 [2024] 5 MLJ 460 [2024] MLJU 1280