By THE BORNEOTODAY TEAM
KOTA KINABALU: Some 45 house buyers of Taman Bukit Saujana (Springfield Homes) who had commenced legal action against the developer, Yusen Jaya Sdn Bhd in 2006, claiming late delivery damages and other claims, received part of the judgement sum that was awarded by the High Court six years ago.
The Plaintiffs won their suits against the developer in a land mark decision on 27 January 2011 together with judgment sum awarded to them.
The High Court Judge in his decision dated 27 January 2011, awarded to the Plaintiffs’ a total judgment sum of RM4,592,372.67, and a 8% interest p.a. was also imposed from the date of judgment to the full settlement.
The Judge awarded RM305,681.67 for late delivery damages, as well as RM1,065,793.00 in quantifiable loses, RM3,080,000.00 in unquantifiable losses and RM137,989.00 for cost of investigation.
But, the plaintiffs were unable to recover the judgment sum from the developer concerned for some six years.
As the result, they had to commence a new legal action to try recovering the judgment sum awarded by the High Court Judge in the first suit.
According to the chairman of the action committee, Yong Sai Khuing, the plaintiffs also sought the assistance of the Minister of Local Government and Housing to recover part of the judgment sum in the sum of RM1,338,728.00.
And recently, the Ministry of Local Government and Housing (MLGH) released the said payment to the Plaintiffs, as part of the judgment sum awarded in the decision by the court. The recovery of the balance judgment sum is now in a new action.
All the plaintiffs received the said payments from their lawyer Christina Liew of Messrs C J Liew & Co, on Monday.
The Plaintiffs thanked Liew and her team of lawyers and the team of consultants headed by architect Datuk Ho Jia Lit who appeared in court as expert witnesses in the trial.
They also thanked the minister concerned for his assistance in releasing the said sum to them.
The plaintiffs expressed relief that finally they were able to recover part of the Judgment sum. They are now eagerly looking forward to the balance of the Judgment sum in the new action filed last year.