03-08-2025
PacifiCity buyers lose court bid
Published on: Sunday, August 03, 2025
Published on: Sun, Aug 03, 2025 Text Size: Kota Kinabalu: The High Court has dismissed a lawsuit filed by PacifiCity condominium purchasers against Sabah Development Bank Berhad (SDB), dealing a blow to seeking compensation for the troubled mixed-use development. The suit, initiated by the PacifiCity Project Purchasers Welfare Association, was brought against five parties involved in the troubled project in Kota Kinabalu - Apex Juta Sdn Bhd (developer of the residential component), Pacific Sanctuary Holdings Sdn Bhd (developer of the commercial component), Majlis Kebajikan dan Rekreasi Kakitangan Kerajaan Negeri Sabah (Maksak), the landowner, Kuok Khoon Ping @ Kuek Koon Ping, the director of the developer and SDB, the project's bridging financier. The purchasers alleged that SDB was negligent, breached its duty of care and failed to safeguard their interests following the abandonment of the project, despite the issuance of a Certificate of Practical Completion in November 2020. Messrs Ronny Cham & Co appeared for the plaintiffs, while SDB was represented by Messrs Tan, Arthur Borine & Partners, who submitted that the plaintiffs' claims were riddled with legal misconceptions, unsupported by evidence and internally inconsistent. They characterised the suit as a broad attempt to target every possible party in the hope of extracting compensation. They argued it would not be fair, just, or reasonable to impose a duty of care on the bank in the circumstances, and urged the court to dismiss the claim in its entirety. The court concurred with the bank's position and dismissed the claim against SDB in full. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
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