Couple ordered to rebuild wall

06/02/2002 The Star

PENANG: Renovation work carried out in high-rise building units, which may cause structural defects, is a risk that should not be taken by anyone, a High Court judge said yesterday.

Justice Dr R.K.Nathan said this when allowing developer Aseania Development Sdn Bhd’s application for a mandatory injunction compelling defendants Kamal Seraj and Nur Anny Lim Abdullah to restore or rebuild a demolished wall in their flat unit in Bandar Perda, Bukit Mertajam.

Aseania, represented by R.Palaniappan, had also sought an injunction to stop the husband and wife from further carrying out any renovation works on the unit and an order for the couple to seek approval from Aseania before carrying out renovation works.

In its statement of claim, Aseania said the couple by way of a sales and purchase agreement dated Sept 15, 1997 agreed to buy a flat in Apartment Permata, Jalan Perda Utama, Bandar Perda, Bukit Mertajam.

The developer claimed that the couple breached the deed of mutual covenants, which was executed between them, Aseania and Perda when they demolished part of the wall to build a kitchen cabinet after putting up a beam in the bathroom.

A consultant engineer, who checked the unit, confirmed that the removal of the wall may cause structural defect to the building and should not have been demolished.

Aseania subsequently gave notice to the couple to restore the wall but they had todate failed to do so.

Kamal, 41, a former laboratory supervisor, and Nur Anny, a customer service co-ordinator, in their statement of defence, said that on or about May 18, 2001, they had applied for renovation works to be carried out.

They alleged that Aseania gave approval although there was a disagreement because they had retained the services of a contractor who was not included in the developer’s panel of approved contractors.

The couple, represented by S.P.Annamalai, also denied that the wall that was demolished was a load-bearing wall and that it was merely a concrete wall.

The case was fixed for case management for March 20.