THE PALACE OF JUSTICE CIVIL APPEAL NO. P-02-2074-2011 ...

(Rakyat Corporation Sdn Bhd) to be the project manager of the
project.
Merger Acceptance, the developer, is not a party in the action.
Rakyat Corporation Sdn Bhd, whilst a party to the action before the
High Court, being cited as the first defendant, however, is not a party
to this appeal.
In the present case, the original layout plan for the project was
submitted by the appellants, as the architects of the project, to the
local authority, Majlis Perbandaran Seberang Perai (‘MPSP’). It was
prepared on the instruction of the developer and the project manager
(the first defendant). It was subsequently submitted to MPSP on the
instruction of the developer. MPSP approved the original layout plan
on 20 December 1994. However, in reality, the road and drainage
works were carried out not in accordance with the approved original
layout plan. Instead, they were carried out in accordance with the
Project Engineer’s Plan (Exh. D2A) prepared by the project engineer
and approved by MPSP. But this was done not due to any oversight
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