A construction company wins almost RM2 million from Sime Darby Property Berhad in a breach of contract lawsuit concerning a purchase of a three-storey semi-detached house in Bukit Jelutong, Shah Alam.
Portland Arena Sdn Bhd was awarded a compensation of RM1,985,032 after Justice See Mee Chun at the Shah Alam High Court (Construction Court) allowed the lawsuit against Sime Darby on Oct 16.
See's judgement and Portland Arena's statement of claims were distributed to the media by the plaintiff here today.
In the judgement, Sime Darby was also ordered to pay cost of RM40,000 to Portland Arena, which is also a real estate company.
Portland Arena filed the lawsuit on May 23, claiming that Sime Darby, as the defendant, had failed to build the house according to the standard that suits the agreed selling price, besides breaching the sale and purchase agreement.
In the statement of claims, the plaintiff said according to the sale and purchase agreement dated June 1, 2011, the plaintiff agreed to purchase the house and the defendant agreed to build and sell the three-storey semi-detached house in Bukit Jelutong, Shah Alam at the price of RM4,939,607.
The plaintiff said they almost made a full payment of the house price to Sime Darby, except for the last five per cent or another RM246,980.36.
It was also stated in the agreement that the defendant (Sime Darby) would repair any defects found in the house.
However, Portland Arena claimed that Sime Darby had failed and refused to repair the defects.
Besides compensation, the plaintiff also sought injunctive relief, interest, cost and other relief deemed fit by the court.
Meanwhile, Portland Arena Group Managing Director Datuk Izz Mika'il Abdullah, when contacted, said he was happy and relieved with the verdict as all problems were now solved.