A contractor was ordered to pay RM180,000 by the Johor Bahru High Court after it was determined that the contractor’s construction had repeatedly flooded a surau and nearby agricultural land in Johor over a period of 17 months.
A report published by Free Malaysia Today, Syarikat Pembinaan Yeoh Tiong Lay Sdn Bhd (YTL Construction) was found liable by judicial commissioner Noradura Hamzah for negligence and private nuisance in relation to the temporary culvert construction at Sungai Sebulong, which was part of the Gemas–Johor Bahru Electrified Double-Track Project.
The court determined that YTL Construction’s temporary drainage system was insufficient and changed the water’s natural flow, resulting in frequent flooding between November 2020 and April 2022.
The plaintiffs, Sharom Othman, a public officer of Persatuan Komuniti Agro Tiong Larkin Jaya, and Ghazali Ismail, chairman of the Economic and Development Committee for the Management Committee of Kariah Surau Ar Rahman, asserted that the flooding caused damage to the surau, religious objects, furniture, crops, and fish and prawn ponds.
YTL Construction disputed responsibility, claiming that the low-lying topography, excessive rains, and trash in the river made the area naturally vulnerable to flooding. Additionally, it stated that the appropriate authorities had approved its construction projects.
However, Noradura discovered that prior to YTL Construction starting its operation, there was no significant flooding at the surau. According to her, flooding began following the installation of temporary culverts and ceased on 7th April, 2022, when a permanent culvert was put into service.
She said that the plaintiffs’ case was reinforced by the insurance adjuster’s report from YTL Construction, the local government’s proof, and the contractor’s witnesses’ confessions.
The permanent culvert was left shut for more than 13 months after it was physically finished, and the judge also concluded that YTL Construction neglected to properly design, examine, and maintain the temporary culvert.
Sharom was given RM20,000 in special damages, while Ghazali was given RM95,000.
In addition, the court granted RM25,000 in aggravated damages and RM40,000 in ordinary damages for ongoing nuisance, totalling RM180,000 in damages.
YTL Construction was obligated to pay RM120,000 in expenses and 5% annual interest on the damages.
Noradura stated that YTL Construction’s actions, such as hiding a stop-work order from its consulting engineer and withholding insurance adjuster reports from him, warranted aggravated damages.
Goh Toh Jen represented YTL Construction, while Fairuz Abdullah and Ismail Tahir represented Ghazali and Sharom.
