Suit against Sabindo illegal building developer

Jimmy (second right) with Sri Tanjong assemblyman Chan Foong Hin (second left) and Chan’s assistant Teo (left) at the illegally constructed building behind them.

TAWAU: The controversial Sabindo open space ten plaintiffs will take action and file in an affidavit for contempt of court against the developer that had failed to tore down the illegally built building as ordered by the Tawau High Court.
Kota Kinabalu member of parliament and former Sri Tanjong assemblyman Jimmy Wong speaking on behalf of the plaintiffs’ said the suit will be filed in court before Chinese New Year
Jimmy said the plaintiffs have no choice but to do so as the Attorney General did not take any action on the developer when its job is to serve the public and protect the public interest.
“Rumors saying that the developer is selling a lot of assets contemplating of migrating and if true we do not want the developer to run away from responsibilities,” Jimmy said
“We pray that we can settle this issue by this year. We gave the developer two years to carry out the High Court judgment and comply with the law,” he said.
A responsible government should do its part after the judgment to protect the interest of public but now the plaintiffs have to do the job.
“Is the developer treating the High Court judgment was wrong?” he asked adding to the public the government and the developer are totally irresponsible.
Jimmy said the people are disappointed with the AG on the Sabindo case as after the decision by the High Court, the AG never stepped in to see the judgment is complied.
“Since AG did not take any action and the developer defied the court order going back on contempt of court order. We have to tell the court that the developer don’t respect the law,” he said.
During the trial on June 10, 12, 15, 16, 17, 18 and 19, 2009 before Judicial Commissioner Yew Jen Kie, in her ruling on October 23, 2009, she adjudged the Joint Venture (JV) Agreement between (1st Defendant) Aggast Construction Sdn Bhd, Jeramas Sdn Bhd and (2nd Defendant) Majlis Perbandaran Tawau dated 13 and 16 December 1996 are invalid, illegal and unenforceable being ultra vires the Local Government Ordinance 1961 and the Tawau Municipal Council Instrument 1983.
The judgment delivered compels the 1st Defendant to dismantle, remove and clear all plants, equipments and materials laden on Block D within six months’ and fifty percent of costs to the plaintiff.
The upholding of the decision of the High Court means the developer must remove the illegal uncompleted structures as there is a clear vindication of the ruling that the JV agreement were also bad in the first place and that any development pursuant to the JV is also unlawful.
The plaintiffs, Chong Sui Jin, Yong Sie King, Lee Kok Ming, Pang Koh Len, Wong Chew See, Chin Kon Tai, Chen Yuh Bih, Lim Kon Hock, Yong Yu Min and Rev. James Wong Chong Leong were represented by counsel Datuk Simon Shim.
In the Federal court sitting on December 5, 2012, the five judges unanimously held that the High Court and the Court of Appeal were correct in their decision which ordered the developer to dismantle the illegal structures at the Sabindo open spaces.
Federal Court judges, Justices Tan Sri Dato’ Seri Raus Sharif, Tan Sri Dato’ Seri Zulkefli Ahmad Makinudin, Tan Sri Datuk Seri Panglima Richard Malanjum, Tan Sri Abdull Hamid Embong and Dato’ Jeffrey Tan Kok Wha dismissed with cost the appeal by Aggasf Construction Sdn Bhd and Jeramas Sdn Bhd against judgment of High Court Judicial Commissioner Puan Yew Jen Kie and the Court of Appeal.