1. LOO KIM LYE 2. LOO WEI YONG SNT GLOBAL LOGISTICS SDN BHD

1. LOO KIM LYE 2. LOO WEI YONG SNT GLOBAL LOGISTICS SDN BHD

The appeal was allowed because estoppel was not properly pleaded and the emails did not constitute acceptance of liability; on the facts and evidence G-Get was an independent contractor and there was insufficient basis to impose vicarious liability on the appellants or to require them to indemnify the plaintiff for the SGD41,730 paid to AMB.

Citation
JA-12BNCVC-11-07/2019 (Mahkamah Tinggi)
Parties
Appellant / Defendant: LOO KIM LYE; Appellant / Defendant: LOO WEI YONG; Respondent / Plaintiff: SNT GLOBAL LOGISTICS SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 February 2020
Case Number
JA-12BNCVC-11-07/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal From Sessions Court Judgment
Outcome
Appeal allowed with costs
Legal Topics
Indemnity, Estoppel, Vicarious Liability, Independent Contractor, Appeal
Source Language
Malay/English
Tort Commercial Law Civil Procedure Insurance Law Agency Indemnity Estoppel Vicarious Liability +2 more

Case Brief

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Parties

LOO KIM LYE

Appellant / Defendant

LOO WEI YONG

Appellant / Defendant

SNT GLOBAL LOGISTICS SDN BHD

Respondent / Plaintiff

Procedural Posture

Civil Appeal / High Court Appeal From Sessions Court Judgment

Legal Issues

  1. 1 Whether doctrine of estoppel could be invoked when not pleaded and on the basis of email exchanges
  2. 2 Whether the defendants are vicariously liable for the negligent acts of G-Get
  3. 3 Whether G-Get was an independent contractor or servant of the defendants or plaintiff

Ratio Decidendi

The appeal was allowed because estoppel was not properly pleaded and the emails did not constitute acceptance of liability; on the facts and evidence G-Get was an independent contractor and there was insufficient basis to impose vicarious liability on the appellants or to require them to indemnify the plaintiff for the SGD41,730 paid to AMB.

Court Disposition

Appeal allowed with costs

Orders

  • Appeal allowed with costs