IN THE FEDERAL COURT OF MALAYSIA
AT PUTRAJAYA
(APPELLATE DIVISION)
CIVIL APPEAL NO. 01-4-2004(W)
MAJLIS PERBANDARAN AMPANG JAYA … APPELLANT
AND
STEVEN PHOA CHENG LOON & 81 OTHERS … RESPONDEN
Corum : STEVE SHIM LIP KIONG, HBSS
ABDUL HAMID BIN HJ. MOHAMAD, HMP
I have had the advantage of reading in draft the judgments of the learned Chief Judge (Sabah & Sarawak) and that of my learned brother Abdul Hamid Mohamad, FCJ and for the reasons he gives I agree with the learned Chief Judge (Sabah & Sarawak) on all the issues before this Court except on the issue of “post collapse” liability. On the “post collapse” liability, for the reasons he gives, I agree with the view of my learned brother Abdul Hamid Mohamad, FCJ.
In the circumstances, I would therefore allow the appeal by Majlis Perbandaran Ampang Jaya with costs here and in the courts below and order that the deposit be refunded. On the cross appeal by the Respondents I would dismiss the same but order that each party bears its own costs and the deposit be refunded to the Respondents.
( DATO’ ARIFIN BIN ZAKARIA )
Date of Hearing : 18 July 2005
Counsel for the Appellant : Mr. V.S. Viswanathan
Messrs V.S. Viswa & Co.
Counsel for Respondents No. 1 – 73 : Mr. Rajendra Navaratnam with
Mr. Yatiswara Ramachandran
Miss Marion Qua Li Lian
Mr. Toh Chia Hua
Messrs Azman Davidson & Co.
Counsel for Respondent No. 74 : Mr. Shamsudin Abdullah
Counsel for Respondent No. 77 : Mr. D. Bhaskaran with Mr. David Soosay