1. ) Ahmad Rubil Bin Ahmad 2. ) Mazawati Osman 3. ) Low Koe Sei 4. ) Koh Mei Leng 5. ) Abdul Malek Bin Ahmad Zaini 6. ) Haironi Binti Raffaiee 7. ) Chong Sun Chan 8. ) Tong Yap Lan 9. ) Syarifah Aliza Binti Syed Azauddin 10. ) Juraimi Azahar Bin Taharim 11. ) Anwar Ali Bin Vali Mohamed v 1. ) Minda Muhibah Sdn Bhd 2. ) CK East Construction Sdn Bhd

w-02ncvcw-1172-07-2023 Court of Appeal (Mahkamah Rayuan) 7 July 2025 • W-02(NCvC)(W)-1172-07/2023 • 22 min read
9 cases cited (0 SG, 9 foreign)

Catchwords

Negligence –failed to exercise reasonable care during construction works-Duty of care – Legal obligation owed by the defendants to neighbouring landowners Breach of duty – Alleged failure to manage land and water flow responsibly during development-Statutory breach – Based on Section 5(1)(b), Water Act 1920 – Obstruction or alteration of natural water flow - Section 25(1)-Environmental Quality Act 1974 – Alleged unauthorised discharge affecting the environment.

Practice Areas

Negligence –failed to exercise reasonable care during construction works-Duty of care

Judges (3)

Ahmad Kamal bin Md. Shahid Coram Azhahari Kamal bin Ramli Delivered Ravinthran a/l Paramaguru Coram

Counsel (5)

Azman Davidson & Co Firm Shukor Baljit & Partners Firm Daniel Bock Jr Wei Counsel Respondent Koh Yi Ting Counsel Appellant Rajendra Navaratnam Counsel Appellant

Parties (13)

CK East Construction Sdn Bhd Respondent Minda Muhibah Sdn Bhd Respondent Abdul Malek bin Ahmad Zaini Appellant Ahmad Rubil bin Ahmad Appellant Anwar Ali bin Vali Mohamed Appellant Chong Sun Chan Appellant Haironi binti Raffaiee Appellant Juraimi Azahar bin Taharim Appellant Koh Mei Leng Appellant Low Koe Sei Appellant Mazawati Osman Appellant Syarifah Aliza binti Syed Azauddin Appellant Tong Yap Lan Appellant

Case Significance

1. ) Ahmad Rubil Bin Ahmad 2. ) Mazawati Osman 3. ) Low Koe Sei 4. ) Koh Mei ... is a Court of Appeal (Mahkamah Rayuan) decision dated July 7, 2025 (citation: w-02ncvcw-1172-07-2023). <p>Eleven homeowners sued a developer and contractor for negligence and nuisance arising from construction works on adjacent land in Taman Muda Gombak that allegedly damaged their houses through earthworks, backfill, and altered water flow. The Court of Appeal dismissed the appeal, affirming the High Court's finding that the plaintiffs failed to prove on the balance of probabilities that the defendants breached their duty of care or caused the alleged damages.</p> The panel comprised Ahmad Kamal bin Md. Shahid, Azhahari Kamal bin Ramli and Ravinthran a/l Paramaguru, with Azhahari Kamal bin Ramli delivering the judgment. Counsel appearing: Daniel Bock Jr Wei (counsel for respondent), Koh Yi Ting (counsel for appellant), Rajendra Navaratnam (counsel for appellant).

Summary

Eleven homeowners sued a developer and contractor for negligence and nuisance arising from construction works on adjacent land in Taman Muda Gombak that allegedly damaged their houses through earthworks, backfill, and altered water flow. The Court of Appeal dismissed the appeal, affirming the High Court's finding that the plaintiffs failed to prove on the balance of probabilities that the defendants breached their duty of care or caused the alleged damages.

What was the outcome of 1. ) Ahmad Rubil Bin Ahmad 2. ) Mazawati Osman 3. ) Low Koe Sei 4. ) Koh Mei ...?

<p>Eleven homeowners sued a developer and contractor for negligence and nuisance arising from construction works on adjacent land in Taman Muda Gombak...

Statutes Cited

Environmental Quality Act 1974 (Cap 127)
s 25(1)

Cases Cited (9)

UK (1)
[1932] AC 562
MY (8)
[2003] 1 MLJ 567 [2005] 2 MLJ 1 [2010] 3 MLJ 425 [2010] 3 MLJ 784 [2011] 1 MLJ 25 [2014] 4 MLJ 294 [2020] 12 MLJ 67 [2021] 5 MLJ 349