https://www.freemalaysiatoday.com/category/...-rooftop-garden

Apartment owners win RM3mil suit against developer over ‘missing’ rooftop garden

JOHOR BAHRU: After nine years, 50 apartment owners have won a case against the property developer for not constructing a rooftop garden on the building, as represented in the sale and purchase agreement.
The High Court here ruled on Friday that Austin Heights Sdn Bhd, the developer for Midori Green Apartments, had failed to adhere to the terms in the agreement, which specified the construction of the garden.

Justice Nurulhuda Nur’aini Nor, in delivering her oral judgment, ordered the payment of a total of RM2.7 million to 50 purchasers in compensation and damages in lieu of specific performance amounting to 10% of each apartment’s purchase price.

As for the late delivery of vacant possession to 39 of the plaintiffs, the judge ordered the developer to pay them a total compensation of RM443,641. She also allowed interest at 5% per annum as well as costs of RM50,000.

In their suit, the apartment owners contended that not only was the rooftop garden missing, but the defendant had no intention of ever constructing it, as the approved building plan provided only for a reinforced concrete slab.

In their statement of claim, they said the company drafted the sales and purchase agreement, inserted the list of common facilities, and represented to purchasers that a rooftop garden existed.

“Having done so, the defendant cannot escape liability by asserting after the fact that the facility was impractical, omitted from the plan, or misunderstood,” the owners said.

They also said that a rooftop garden was shown to be part of the common facilities in the agreement, brochures, and marketing catalogue.

The homebuyers argued that the company’s duty to construct the rooftop garden was a promise within the meaning of the Contract Act and it was not absolved from performing this obligation.

NG Vinod and Jackson Daniel appeared for the plaintiffs while K Rajasegaran and A Shymala represented the developer.

Developer nowadays think they can get away with anything

i am so going to make my kids lawyer. It's the future. All those big companies really biryani keep making empty promises and bullying consumers to no end. We going to follow USA footsteps using legal liability to keep those capitalist fuckheads in check.

Here in Malaysia it's hard because judicial system kena fucked by Tun M but hopefully after 10 - 20 years it's for the better.

Good news

"judicial system"
hmmmm........
maybe another day la

wanna enjoy weekend morning

$$$$ goes to big big people, settle

after 9 years lol..

Wow, ambik kerja tak bayar hutang. Haram onot like this ?

that time legal fee is dirt cheap. all use AI to fight lawyers

Developer used subsidiary companies for all projects and can easily forced the companies to go bankrupt without affecting the parent company.

The owners won but the developer won't comply. End of the day, they still lose.

Just shoot all these sohais. Scumbags

https://maps.app.goo.gl/Mz2zMp3CK2EpbdTWA?g_st=ic

Low density. Already build on ground floor

Roof top I suspect meant for utility use now

Wonder how much it was sold for last time

True for most engineering projects to ring fence their risk the form a new Co or spv to contain the risks.

Logical risk management for companies but a loophole to escape from future claims

good job

hold those greedy developer accountable

Wanna touch grass go outside la.. what rooftop..
Anyways this one take note the dev name i guess

I always like the legendary Stevie Wonder album

This post has been edited by jojolicia: Dec 13 2025, 12:25 PM

Sounds like a banana country, like there's no approving authority on marketing brochures and matching building plans or that the plans can simply simply change suka hati developer, and lastly home buyers have to take own action. No black listing by the approving authority?

Like this no need govment and politicians la. Rakyat take care ownselves.

... after nine years.

De nanti guna lorry hamtap dia habis certia.

so each unit sale price rm540k jer

Why developer don't simply stick artificial grass on the concrete, create sand and rock zen garden, plus some fake trees and an infinity roof top pool? Easier than building actual garden on the roof.