RM185,835 award for break-in at apartment
Published on: Thursday, June 30, 2016
Kota Kinabalu: A 63-year-old woman, who sued her apartment developer after her unit was broken into, was awarded a total of RM185,835 for the loss of her belongings and for distress.High Court Judge Datuk Douglas Primus Sikayun on June 28 awarded the appellant, Lee Li Chao, RM7,500 as general damages for distress.He also ordered the respondent, Puncak Luyang Sdn Bhd, to pay Lee RM178,355 for the loss of two watches, jewellery, cash and damage to the lock on her front door.
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According to Lee's counsel James Tsai, previously, the Sessions Court had on Nov 11, 2015 ruled that the appellant had established liability against the developer after proving on a balance of probabilities that her apartment had been broken into. The Sessions Court had also ruled that the exclusion-of-liability clauses were to be read against the developer-respondent; and as no prior notice had been drawn to the attention of the appellant before completion of the purchase agreement, it cannot be applied on the appellant. The court, however, ruled that the appellant had not established her loss and damages, said Tsai in a statement here on Wednesday.Lee had, in her evidence, informed the court that the receipts for her watches and jewelleries were kept in the containers which were stolen along with the items during the break-in and burglary.She further argued that there were no receipts for the cash and broken door lock and therefore could not produce them at the trial.
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This was accepted by the High Court in her appeal against the Sessions Court's decision, added Tsai.Lee sued the developer following the break-in at her apartment on the fifth floor, Taman Puncak Damai, here, by burglars, as a result of which, her belongings or properties totalling RM178,335 were stolen and/or damaged.
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