"We want to settle compensation issue out of court"
12/12/2004 Sunday Mail

FINAL closure to the 11-year-old Highland Towers collapse tragedy in Hulu Kelang, Selangor, for its residents and owners will only come when their court case against the Ampang Jaya Municipal Council (MPAJ) is settled.

And the 78 plaintiffs want their case with the local authority to be settled out of court, said Highland Towers Residents and Owners Committee, chairman Dr Benjamin George.

It was reported in June this year that the Federal Court had, on February 7 this year, granted the MPAJ leave to appeal against the Court of Appeal's decision on December 3, 2002, apportioning MPAJ a pre-collapse liability of 15 per cent.

In the Court of Appeal's decision, it was deemed that MPAJ was liable to the plaintiffs in the tort of negligence whereby the Highland Towers tragedy, which occurred on December 11, 1993, had been reasonably foreseeable.

"Our only issue is with MPAJ and we would like to negotiate a settlement instead of continuing with the court action," said Dr George at a memorial on the 11th anniversary of the Highland Towers tragedy held at the entrance leading to the two existing blocks in Hulu Kelang yesterday.

About 100 people, mainly owners and family members of the victims who died when the Block One tower collapsed, were present. Tun Dr Siti Hasmah Mohd Ali was also at the memorial to give her support. The memorial ceremony was also a fulfillment of the wishes of one of the owners, Lorraine Tan, who died of liver cancer 11 days ago.

Her husband, Quah Seng Chit, said their apartment at Highland Towers was their first home, and where they had their first baby a boy who died in that tragedy. Their first-born was six weeks old at the time.

It was also significant as the 11th anniversary would be the final occasion when these former Highland Towers residents would gather at the site in remembrance of their loved ones and friends whom they lost on that fateful day.

He also said the owners have already signed the legal documents for the handing over of their properties.

"Now, it is a matter of following procedures with the various Government departments, such as the Land Office, for the handing over which should take place between one and two months from now," said Dr George.

The remaining payments from Am Finance Bhd, amounting to 25 per cent of the RM52 million out of court settlement for the 139 families of the Highland Towers victims, was also expected to be finalized soon.

The settlement was awarded sometime in June this year. In return, they agreed to sign over the titles of their properties, along with rights to sue the developer of the apartments (Highland Properties Sdn Bhd.

The two remaining blocks known as Blocks Two and Three are expected to be demolished.