YTL Construction ordered to pay RM180,000 over flooding at Johor surau

 Judge finds that the contractor's temporary culvert works caused repeated flooding over 17 months.

The High Court in Johor Bahru found Syarikat Pembinaan Yeoh Tiong Lay Sdn Bhd liable for repeated flooding at Surau Ar Rahman and adjoining agricultural land. (File pic)

PETALING JAYA:

The High Court in Johor Bahru has ordered a contractor to pay RM180,000 after finding that its construction works caused repeated flooding over 17 months at a surau and adjoining agricultural land in Johor.

Judicial commissioner Noradura Hamzah held Syarikat Pembinaan Yeoh Tiong Lay Sdn Bhd (YTL Construction) liable for negligence and private nuisance over the temporary culvert works at Sungai Sebulong, carried out as part of the Gemas–Johor Bahru Electrified Double-Track Project.

The court found that YTL Construction’s temporary drainage arrangement was inadequate and altered the natural flow of water, causing repeated flooding from November 2020 to April 2022.

The plaintiffs, Ghazali Ismail, chairman of the Economic and Development Committee for the Management Committee of Kariah Surau Ar Rahman, and Sharom Othman, public officer of Persatuan Komuniti Agro Tiong Larkin Jaya, claimed the flooding damaged the surau, religious items, furniture, crops and fish and prawn ponds.

YTL Construction denied liability, arguing that the area was naturally prone to flooding because of its low-lying terrain, heavy rainfall and rubbish in the river. It also said its construction works were approved by the relevant authorities.

However, Noradura found there was no major flooding at the surau before YTL Construction began its works. She said the flooding started after the temporary culverts were installed and stopped after a permanent culvert became operational on April 7, 2022.

She said YTL Construction’s insurance adjuster’s report, evidence from the local authority and admissions by the contractor’s witnesses supported the plaintiffs’ case.

The judge also found that YTL Construction failed to properly design, inspect and maintain the temporary culvert, and left the permanent culvert unopened for more than 13 months after it was structurally completed.

Ghazali was awarded RM95,000 in special damages while Sharom received RM20,000.

The court also awarded RM40,000 in general damages for continuing nuisance and RM25,000 in aggravated damages, bringing total damages to RM180,000.

YTL Construction was ordered to pay 5% annual interest on the damages and RM120,000 in costs.

Noradura said aggravated damages were justified by YTL Construction’s conduct, including concealing a stop-work order from its consultant engineer and withholding insurance adjuster’s reports from him.

Fairuz Abdullah and Ismail Tahir represented Ghazali and Sharom while Goh Toh Jen appeared for YTL Construction. - FMT