High Court judge orders retrial
24/02/2006 The Star

IPOH: Two buyers of apartments in Cameron Highlands will have another chance to claim RM2,158.35 each from the developer for delivering their homes 101 days late.

The High Court here yesterday ordered a retrial of their case which was struck out by a magistrate’s court on April 30, 2004.

Justice V.T Singham ordered the retrial to be heard in the Small Claims Court on Feb 28 under a different magistrate.

He also ordered that the hearing be completed within three months.

House buyers Chay Ee Mong and Lim Yong Choon said in their statement of claim that the developer, Baktipadu Sdn Bhd, was supposed to deliver the Desa Anthurium apartments, each costing RM78,000, to them on Oct 8, 1994 but this was delayed to Jan 20, 1995.

The developer’s counsel had filed an application to strike out the case on the grounds that the claim was “scandalous, frivolous and an abuse of the court process.”

Justice Singham took the lawyers of both parties to task for not taking the case to the Small Claims Court as provided for under Order 54 of the Subordinate Courts Rules 1980.

He said this was because the claim was less than RM5,000 and that the plaintiffs were individuals.

He also ticked off the counsel for citing a common law case that had been overruled by the Court of Appeal.

Justice Singham said lawyers should do their research and keep abreast with the latest law developments in superior courts.

“Otherwise, citing a decision that has been overruled or reversed by the Federal Court may be tantamount to misleading the court, which may bring consequences that are unpleasant,” he said.

Chay and Lim were represented by Esmael Shah Shahrudin while Hammat Faesol Zu had appeared for the developer.