Sime Darby Property (Bukit Jelutong) Sdn Bhd v 1. ) NITT SDN BHD 2. ) Susilawati Binti Ahmad

b-02cw-595-04-2023 Court of Appeal (Mahkamah Rayuan) 29 January 2026 • B-02(C)(W)-595-04/2023 • 79 min read
27 cases cited (0 SG, 27 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (8)

Parties (3)

Case Significance

Sime Darby Property (Bukit Jelutong) Sdn Bhd v 1. ) NITT SDN BHD 2. ) Susilaw... is a Court of Appeal (Mahkamah Rayuan) decision dated January 29, 2026 (citation: b-02cw-595-04-2023). <p>This was the final of six heard-together appeals by Sime Darby Property against homebuyers' claims for construction defects at the Bukit Jelutong development, involving homebuyers NITT Sdn Bhd and Susilawati binti Ahmad. The Court of Appeal dismissed the appeal, maintaining its consistent finding across all six appeals that the developer's obligations under the Housing Development Act 1976 and Sale and Purchase Agreement extended beyond the defect liability period for latent defects. Costs of 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 was the final of six heard-together appeals by Sime Darby Property against homebuyers' claims for construction defects at the Bukit Jelutong development, involving homebuyers NITT Sdn Bhd and Susilawati binti Ahmad. The Court of Appeal dismissed the appeal, maintaining its consistent finding across all six appeals that the developer's obligations under the Housing Development Act 1976 and Sale and Purchase Agreement extended beyond the defect liability period for latent defects. Costs of RM30,000 were awarded to the respondents.

What was the outcome of Sime Darby Property (Bukit Jelutong) Sdn Bhd v 1. ) NITT SDN BHD 2. ) Susilaw...?

<p>This was the final of six heard-together appeals by Sime Darby Property against homebuyers' claims for construction defects at the Bukit Jelutong d...

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