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Kota Kinabalu: Kota Kinabalu High Court Judge Alexander Siew will rule on the case filed by Pacific Heights condominium project buyers on May 2.

In the proceedings on April 4, it was revealed by landowner Majlis Kebajikan dan Sukan Anggota Kerajaan Malaysia (Maksak), represented by its secretary Benedict Bin Anduaus, that PacifiCity land and were assets charged to Sabah Development Bank (SDB) for RM96 million as security, then for another RM40 million for additional security, and a further RM25 million.

Alice Lim of Messrs. F. T. Ahmad & Co. acted for Maksak. SDB was represented by Arthur Borine. Senior Sabah lawyer Ronny Chiam assisted by Caroline Lee acted for the plaintiffs/buyers.

They were seeking a court judgment to restore their property worth value to the Certificate of Completion stage in a condition to qualify to obtain the Occupancy Certificate from City Hall.

Chiam said once he has obtained the court judgment, the liquidators for Apex Juta Sdn Bhd, the development company of the Pacific Heights Condominium, would have to comply and the same goes for the liquidator of PacifiCity developer firm - Pacific Sanctuary Holdings Sdn Bhd.

By a Court Order on Oct 17, 2024, Dato’ Raveendra Kumar a/l Nathan of RKN & Co. was appointed as Liquidator of Pacific Sanctuary Holdings Sdn Bhd.

Ar. Lam Choi Sing @ Ling Choi Sing of Akitek Billings Leong & Tan Sdn Bhd was a witness brought to the stand by Chiam as the professional who signed the Certificate of Practical Completion (CPC) on Nov 27, 2020 for the project.

Lam explained that Akitek Billings Leong & Tan Sdn Bhd took over the role in 2012.

Lim: “Can you describe how the site is delivered back to the developer/owner?”

Ar. Lam: “Usually before the Certificate of Practical Completion (CPC) is issued, there will be a joint site inspection whereby the consultants and the developer as well as the contractor are present. It is the main event that precedes the issuance of the CPC. The issuance of the CPC implies that the contractor no longer has possession of the site.”

Lim: “Are there any documents to be prepared for delivering the site back to the developer/owner after the issuance of the CPC?”

Ar. Lam: “I don’t believe there was a document for this purpose.”

Lim: “In your professional opinion, is it a norm to have documents prepared for the purpose of delivering the site back to the developer/owner after the issuance of the CPC?”

Ar. Lam: “Usually we write to the client/developer informing them that the CPC has been issued and therefore  they would be taking over the responsibilities of the insurance coverage and the security of the site.”

Lim: “Who are the consultants that you were referring to in your answer - ‘That would be Apex Juta because they were the party that the consultants were dealing with directly’?”

Ar. Lam: “That would be the project consultant team that includes us, the architect, the civil and structural engineer, the mechanical and electrical engineer and the quantity surveyor.”

SDB’s counsel lawyer Arthur Borine cross-examined Ar. Lam: “Do you agree with me that it is the developer’s duty to ensure the compliance and to carry out any remedial work necessary for the issuance of the OC after the CPC has been issued?”

Ar. Lam: “Yes”.

The limbo vandalised project sited on land title Town Lease (TL) 017546431 at Jalan Istiadat, Likas, Kota Kinabalu with Subsidiary/Strata Titles to be applied for) – Apartment A, was subjected to a spate of pilfering vandalism that had stripped it of its fixtures and fittings.

According to William Chu some of the purchasers had passed away as some had waited for as long as two decades for their investments to be completed. Chu, a unit purchaser of the condominium project, has been waiting for a decade.

He was present in court on with plaintiff Dr Constance Liew.