In a consent judgment recorded before Ipoh High Court judge Moses Susayan yesterday, the operator of the Ipoh Swimming Club undertook that no open-air or outdoor pickleball would be allowed in a designated area adjoining the bungalow.

The judgment stated that the club would propose and proceed with the construction of an indoor facility at the designated area, as it deems fit, subject to obtaining all the necessary approvals from the authorities, including the environment department.

“In the event the defendant breaches any of the above terms by allowing open-air pickleball play, the plaintiff, Cheang Phoy Ken, is at liberty to initiate fresh legal proceedings,” it said.

Susayan ordered each party to bear their own costs.

In his suit filed earlier this year, Cheang said the club had constructed the pickleball court adjacent to his bungalow on Lorong Gopeng at Taman Golf.

He said the club allowed its members to play pickleball between 7am and 10pm daily, and the court had been fully booked.

Cheang said noise coming from the game could be heard from his property and constituted a continuous nuisance.

Because of the adverse effects, he said, he suffered physical discomfort, mental stress and emotional distress.

He sought damages for loss of amenity, anxiety, and medical expenses.

Pending the disposal of the suit, Cheang had applied for an interim injunction to restrain the club from allowing its members to play open-air pickleball.

Lawyer S Raam Kumar appeared for Cheang, while counsel N Purshotamdas acted for the club.