Court Grants Leave To Highland Towers Residents To Cross-appeal

 22/06/2004 Bernama.com

PUTRAJAYA, June 22 (Bernama) -- The Federal Court here Tuesday granted leave to 73 residents of the Highland Towers condominium to cross-appeal against the Court of Appeal's decision on the apportionment of liability to the Ampang Jaya Municipal Council (MPAJ) in their negligence suit.

Chief Judge of Malaya Tan Sri Haidar Mohamed Noor, together with Chief Judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong and Court of Appeal judge Datuk Arifin Zakaria, unanimously allowed the leave application on one question of law to be determined by the court.

The question framed is whether the Court of Appeal erred in providing a distinction between private law and public law when finding that the appellant (MPAJ) was not responsible to the 1-73 respondents (residents) for its (appellant's) acts and omission as determined by the High Court following the collapse of Block 1 of the Highland Towers.

Justice Haidar ordered the residents to file their notice of appeal within two weeks.

Last Feb 7, the Federal Court granted 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 2002, affirmed the High Court's apportionment of 15 per cent liability against MPAJ, engineer Wong Yuen Kean (10 per cent), Arab Malaysian Finance Bhd (30 per cent), Metrolux Sdn Bhd and MBF Property Services Sdn Bhd (20 per cent).

The same court allowed MPAJ's appeal and set aside the High Court's decision to apportion post-collapse liability to MPAJ.

However, the Court of Appeal apportioned pre-collapse liability to MPAJ after allowing the residents' cross-appeal against the High Court's decision indemnifying MPAJ.

The High Court had also apportioned liability to other defendants named in the suit, developer Highland Properties Sdn Bhd (15 per cent) and draughtsman Wong Ting Sing (10 per cent) but they did not appeal against the Court of Appeal's decision.

The 73 former residents of Blocks 2 and 3 sued 10 parties for between RM31 million and RM35 million to repair two blocks which had to be evacuated after Block 1 of the Highland Towers condominium collapsed, killing 48 people. -- BERNAMA