Sime Darby Property (Bukit Jelutong) Sdn Bhd v Rosli Bin Musa

Case Significance

Sime Darby Property (Bukit Jelutong) Sdn Bhd v Rosli Bin Musa is a Court of Appeal (Mahkamah Rayuan) decision dated January 29, 2026 (citation: b-02cw-594-04-2023). <p>This was one of six heard-together appeals by Sime Darby Property against homebuyers' claims for construction defects in luxury bungalows at Bukit Jelutong, with this appeal involving homebuyer Rosli bin Musa. The Court of Appeal dismissed the appeal on the same grounds as the companion cases, finding no merit in Sime Darby's arguments regarding the defect liability period, the weight of defect rectification forms, and the standard of proof for rectification 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).