Apartment buyers go to court to challenge housing developer's allegations
NST 15/11/2001 By Sujatani Poosparajah
Twenty-eight purchasers of apartment units today filed an application in the High Court for leave to commence committal proceedings against a
director of housing developer Ekabina Sdn Bhd over certain allegations made in an affidavit relating to a court order.
The application was filed in the High Court (Civil Division) Registry at Wisma Denmark via the legal firm of Messrs A.J. Ariffin, Yeo & Harpal.
The court order dated Nov 2 was obtained against Ekabina and two others stopping it from disposing or transferring its assets amounting to RM7
million pending the disposal of a breach of contract suit against it by the purchasers.
In the grounds of their leave application, the purchasers claimed that the director, Chew Siok Cheng, had stated in her affidavit that the court
order was a nullity and defective for want of jurisdiction and breach of natural justice.
They claimed, among others, that the allegations contained in Chew's affidavit was scandalous, untrue and did not reflect the proceedings of the
court.
The purchasers want, among others, to have Chew's affidavit dated Nov 12 to be struck out either wholly or in part.
A certificate of urgency has been filed for the application to be heard as soon as possible.
Chew's affidavit had been affirmed in support of an application by Ekabina and another for a stay of execution of the court order pending an
appeal.
The defendants - Ekabina, Pappos Development Sdn Bhd and Y.Y. Woo Akitek - were further ordered by the High Court to supply a bank guarantee for
the sum in the name of the plaintiffs' solicitors.
The defendants have filed a notice of appeal dated Nov 12 against the granting of the order.
The purchasers are suing the defendants over a development project in Taman Lembah Maju, Ampang, involving the sale and purchase agreements of
apartment units.
The plaintiffs alleged that Ekabina had, among others, used low quality construction materials and consequently failed to complete the apartments
in good condition and with proper skill.
They are seeking a declaration stating that the SPAs were null and void, an order that the defendants pay the outstanding loan sums to the
plaintiffs' financial institutions, damages, costs and further relief.
In their defence dated May 24, the defendants deny the plaintiffs' allegations. |
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