1 week Ago By Rahmat Khairulrijal
KUALA LUMPUR: A High Court in Shah Alam has ordered a woman and her two sons to pay RM116,280 to a construction company for renovation work and a friendly loan provided in 2019. Judicial commissioner Rozi Bainon made the ruling, upholding the lower court's decision in favour of Z Seng Renovation Enterprise (respondent) against Leow Kim Yoon, 55, and her sons, Oh Soon Heng, 36, and Oh Soon Lai, 34 as appellants. The company filed the suit after the trio refused to pay for the renovation carried out on their house at Hill View Residence near Semenyih, between Oct 31, 2019, and Jan 3, 2022.
According to court documents, Leow agreed to the scope and cost of the respondent's project amounting to RM110,280, and was later granted a friendly loan of RM6,000 by the company on Dec 10, 2019, upon her request. On Jan 1, 2020, Leow issued a cheque for RM66,000 as partial payment of the outstanding amount to the company, but the company received a "cheque return notice" stating that the cheque could not be processed because the bank account had been closed. The appellants argued that the repairs on the house were done voluntarily by the company without payment as the contractor had allegedly developed feelings for Leow and wanted to get closer to her.
The appellants claimed they never entered into any agreement or appointed the respondent to carry out the renovation work on the house and Leow denied receiving or agreeing to a friendly loan of RM6,000. Meanwhile, the respondent argued that the appellants had unjustly benefited from its services and are jointly and severally liable to pay the outstanding amount. Rozi, in her ruling, said the Sessions Court did not err in allowing the company's claim on the grounds that the renovation was carried out by the company and payment was due.
"The returned cheque, marked as unpaid, is clear evidence and serves as proof of the appellants' indebtedness. "There is no denial that the renovation/repair work was done and was not defective. "Once the house was renovated and repaired, did the appellants not gain 'profits' and 'benefits' from the purchase of building materials, labour, effort, energy and financial costs incurred by the respondent? "Nothing is free in this world," she said in the grounds of her judgment recently uploaded to the Judiciary website.
She said the court should not intervene or disturb the lower court's decision, as there was no error in fact or law. The court also awarded RM5,000 in costs to the company. The company was represented by lawyer Chew Cal Vin, while Lee Hong Yap appeared for the appellants.
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