KOTA KINABALU: The High Court, on Thursday, dismissed a suit filed by a group of PacifiCity condominium Purchasers against Sabah Development Bank Berhad (SDB), ruling that the bank did not owe a duty of care to the purchasers.
The lawsuit, initiated by the PacifiCity Project Purchasers Welfare Association, was brought against five parties involved in the troubled mixed-use development in Kota Kinabalu: Apex Juta Sdn Bhd (developer of the residential component), Pacific Sanctuary Holdings Sdn Bhd (developer of the commercial component), Majlis Kebajikan dan Rekreasi Kakitangan Kerajaan Negeri Sabah (Maksak), the Landowner,,Kuok Khoon Ping @ Kuek Koon Ping, the director of the Developer and SDB, the project’s bridging financier.
The purchasers who initiated the legal action alleged that SDB was negligent, breached its duty of care, and failed to safeguard their interests following the effective abandonment of the development, despite the issuance of a Certificate of Practical Completion in November 2020.
Messrs Ronny Cham & Co. appeared for the plaintiffs, while SDB was represented by Messrs Tan, Arthur Borine & Partners, who submitted that the plaintiffs’ claims were “riddled with legal misconceptions, unsupported by evidence, and internally inconsistent”.
They characterised the suit as a broad attempt to target “every possible party in the hope of extracting compensation.”
They argued it would not be fair, just, or reasonable to impose a duty of care on the bank in the circumstances, and urged the Court to dismiss the claim in its entirety.
The Court concurred with the bank’s position and dismissed the claim against SDB in full.-pr/BNN
