Sime Darby Property (Bukit Jelutong) Sdn Bhd v 1. ) ALBERT CHAI MIN CHUNG 2. ) ADELE LEONG BOON YIEN

b-02cw-596-04-2023 Court of Appeal (Mahkamah Rayuan) 29 January 2026 • B-02(C)(W)-596-04/2023 • 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. ) ALBERT CHAI MIN CHUNG 2. ... is a Court of Appeal (Mahkamah Rayuan) decision dated January 29, 2026 (citation: b-02cw-596-04-2023). <p>This case is part of six consolidated appeals by Sime Darby Property against homebuyers claiming rectification costs for construction defects in luxury homes at Bukit Jelutong. The Court of Appeal found no appealable errors in the High Court's findings on developer obligations under the Housing Development Act 1976, including liability for latent defects and the quantum of rectification costs. All six appeals were dismissed with costs of RM30,000 per appeal.</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 case is part of six consolidated appeals by Sime Darby Property against homebuyers claiming rectification costs for construction defects in luxury homes at Bukit Jelutong. The Court of Appeal found no appealable errors in the High Court's findings on developer obligations under the Housing Development Act 1976, including liability for latent defects and the quantum of rectification costs. All six appeals were dismissed with costs of RM30,000 per appeal.

What was the outcome of Sime Darby Property (Bukit Jelutong) Sdn Bhd v 1. ) ALBERT CHAI MIN CHUNG 2. ...?

<p>This case is part of six consolidated appeals by Sime Darby Property against homebuyers claiming rectification costs for construction defects in lu...

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