The assessment of damages for 73 Highland Towers residents will not be heard as scheduled on March 5 next year as the Court of Appeal today granted a stay pending an appeal from a defendant against its liability.

The application was made by Arab-Malaysian Finance Bhd (AMFB), one of the seven defendants who were found liable by the High Court on Aug 11 for the collapse of Block One of Highland Towers on Dec 11, 1993.

The appellate court panel, consisting of Court of Appeal president Lamin Yunus, justices Mokhtar Sidin and Mohd Saari Yusuf, said it will also fix an early date to hear the appeal.

AMFB appealed against the decision of justice James Foong who on Sept 30 dismissed an application by the company for a stay of the assessment of damages proceeding.

Foong stated that there was no reason to delay the assessment of damages and had fixed March 5 for it.

On Aug 11, Foong ruled that seven of the 10 defendants were negligently liable in the collapse of Block One of the building which killed 48 people (Justice for Highland Towers residents, Aug 11).

The developer Highland Properties, architect Wong Tin Sang and engineer Wong Yuen Kean of Highland Towers were held liable for the collapse and the subsequent evacuation of blocks Two and Three.

Excess water from land

AMFB, owner of the adjoining land was found liable for contributing to the excess water that resulted in the landslide that caused the collapse ([#2]Landslide caused by excess water[/#], Aug 11).

Foong had said in his 162-page judgment that the poor drainage system on the adjoining land belonging to AMFB and the poor maintenance of the pipe culverts diverting water from the existing stream in that property are contributing factors to the landslide.

He said examination of the drainage system on the hillslope owned by AMFB showed blockage and an overgrowth of vegetation which prevented rainwater from being directed down the slope in a controlled manner. As a result of the blockage, a severe overflow on the terraced slope occurred.

The pipe culverts on the land were also found to be in poor condition, damaged in many parts with leaking water and, as a result, water from the stream also overflowed onto the terraced slopes.

He also ordered AMFB to pay 30 percent from the yet-to-be-ascertained damages as well as costs to the plaintiffs.

Seventy-three owners and residents of blocks Two and Three of Highland Towers had claimed for damages resulting from the negligent acts of the defendants which caused or contributed to the collapse of Block One and forced the evacuation and abandonment of blocks Two and Three.