The Star Penang 26/2/2004 BY PRISCILLA DIELENBERG
Twelve apartment occupants of the MBf Tower in Jalan Sultan Ahmad
Shah consented yesterday to settle their suit against an
entertainment outlet located within the building.
They agreed to settle the suit after the operator of the outlet
told the court that he was no longer interested in operating the
business.
Vasaga Sdn Bhd director Kang Kok Liang told High Court Justice
Mohd Noor Abdullah that he could no longer afford to run the Vasaga
Exclusive Dance Club & KTV.
The entertainment outlet is located on the third floor of the
25-storey tower which consists of apartments and six levels of
commercial units,
The outlet had stopped operations for three years after being
issued with a temporary inter-parte injunction on June 26,
2000, pending the disposal of the suit proper.
The plaintiffs' suit proper was for a permanent injunction and
damages for nuisance.
The 12 plaintiffs are Azman Mohd Yussof, Datuk Dr N. Parameswaran,
Huijmans-Beerens Catharina Francisca Maria, Dr Ranjit Singh, Dr Ng
Wun Jern, Tan Lean Hong, Phang Hwei Miin, Teh Beng Wooi, Cheah Gim
Siew, Kristian Price, Peter Akira, and Larry E. Gaskins.
They claimed in their affidavits that music from the nightspot
was played loudly until the wee hours of the morning. They claimed
they were deprived of sleep and peace of mind, and feared for their
safety.
The suit was scheduled for hearing yesterday but
after Kang's announcement, both parties consented to a settlement,
with no order as to costs.
