|
'MPAJ not liable for financial
losses'
21/07/2005 NST
PUTRAJAYA, Wed. - The Ampang Jaya Municipal Council (MPAJ) is not liable for
the losses suffered by 73 residents of two Highland Towers blocks, as they
did not prove they were ratepayers.
MPAJ counsel V.S. Viswanathan told the Federal Court today the residents
also did not lodge any complaints with the local authority before the
collapse of Block One in late 1993.
"They now cannot claim financial losses as a result of the depreciation in
the value of the two blocks they previously lived in," he said.
Hearing the council's appeal are Chief Judge of Sabah and Sarawak Tan Sri
Steve Shim, and Federal Court judges Datuk Abdul Hamid Mohamad and Datuk
Arifin Zakaria.
On Feb 6 last year, the Federal Court granted the MPAJ leave to appeal
against the Court of Appeal's decision over its liability in the negligence
suit filed by the residents. The Court of Appeal on Dec 3,
2003, affirmed the High Court's apportionment of 15 per cent liability
against the MPAJ.
The residents are also cross-appealing the appellate court's decision which
held that the MPAJ was not liable for events that occurred after the
collapse of Block One.
Viswanathan said the MPAJ could not be connected with the value depreciation
of two blocks following the collapse of Block One. He said the Street,
Drainage and Building Act indemnified the MPAJ.
He added the council's predecessor, Gombak District Council, had sought the
advice of the Drainage and Irrigation Department before the plan was
approved.
Two years earlier, the High Court, which ruled in favour of the residents,
also apportioned liability to others including Arab Malaysian Finance Bhd
(30 per cent), both Metrolux Sdn Bhd and MBf Property
Services Sdn Bhd (20 per cent), Highland Properties Sdn Bhd (15 per cent),
draughtsman Wong Ting San (10 per cent) and engineer Wong Yuen Kean (10 per
cent).
|
