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"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.
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