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Developer seeks fresh bid for injunction
18/01/2007 The Star By MAZNI MUSTAFA

IPOH: Despite losing its case two years ago, a developer has applied for a court order to permanently gag a group of residents from defaming its housing project that is under construction.

Cemerlang Sepakat Sdn Bhd, through its lawyer Francis Goh, has made a fresh application for a permanent injunction to stop the residents from defaming its semi-detached bungalow lots at Taman Silibin Indah housing scheme at Jalan Silibin here.

When the case was mentioned before High Court judge Justice V.T Singham yesterday, Goh asked for a full hearing of the suit against the 10 residents.

The 10 named as defendants are S. Kanaesalingam, Thong Choy Foong, S. Anbiah Wilson, S. Superamaniam, G. Parcksakti, Ahmad Mahdum, Mohd Husain, S. Rajappa, Telagavbthy and A. H. Communications Sdn Bhd.

The permanent injunction, Goh said, would enable his client to resume construction of the housing scheme which had been put on hold since 2004.

The residents' grievances included claims that the 32 semi-detached bungalows under the scheme would cause environmental problems, traffic congestion, noise and floods.

According to Cemerlang Sepakat these claims were unfounded.

It further claimed that the adverse reports on the housing scheme had caused many people to cancel their bookings and frightened away potential buyers.

Although Justice Singham did not reject the application, he reminded Goh to refer to his previous ruling to ensure that the grounds raised by the developer were not repeated.

On Aug 12, 2004, Justice Singham had dismissed the developerís appli-cation for an interim injunction to restrain the 10 residents from bringing up their grievances through demonstrations, statements publish-ed in the media and letters sent to the authorities.

Justice Singham had ruled that there was insufficient evidence to show that the residentsí sole or dominant purpose was to defame Cemerlang Sepakat.

Justice Singham later fixed March 13 as the next mention date

 

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