RASHIDAH BINTI ABD GHANI (NO. K/P: XXXXXX-XX-XXXX) (as the Administrator of the Estate of the Deceased ROHAIZAD BIN NAIM) SJ CLASSIC INDUSTRIES SDN BHD (Company No.: 0434775H)

RASHIDAH BINTI ABD GHANI (NO. K/P: XXXXXX-XX-XXXX) (as the Administrator of the Estate of the Deceased ROHAIZAD BIN NAIM) SJ CLASSIC INDUSTRIES SDN BHD (Company No.: 0434775H)

The High Court held that it was not plain and obvious that s.31 SOCSO Act necessarily barred the appellant's tort and statutory claims; construing SOCSO Act harmoniously with OSHA and the FMA, s.31 must not be stretched to render statutory safety duties and remedies meaningless. The matter raised arguable issues of negligence and statutory duty that require trial, therefore the Sessions Court's striking out was premature and was set aside.

Citation
JB-12A-4-08/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Rashidah binti Abd Ghani (as the Administrator of the Estate of the Deceased Rohaizad bin Naim); Respondent/defendant: SJ Classic Industries Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 November 2020
Case Number
JB-12A-4-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Against Sessions Court Order Striking Out Writ Under Order 18 R.19 Rules of Court 2012
Outcome
Appeal allowed; Sessions Court order striking out the writ and statement of claim set aside; matter remitted to Sessions Court for trial
Legal Topics
Section 31 Employees' Social Security Act 1969, OSHA Statutory Duties (s.15), Factories and Machinery Act Compliance, Strike Out Test Under Order 18 R.19, Harmonious Construction of Statutes
Source Language
Malay/English
Employment Law Tort Statutory Interpretation Occupational Safety Civil Procedure Section 31 Employees' Social Security Act 1969 OSHA Statutory Duties (s.15) Factories and Machinery Act Compliance +2 more

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Parties

Rashidah binti Abd Ghani (as the Administrator of the Estate of the Deceased Rohaizad bin Naim)

Appellant/plaintiff

SJ Classic Industries Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal Against Sessions Court Order Striking Out Writ Under Order 18 R.19 Rules of Court 2012

Legal Issues

  1. 1 Whether s.31 Employees' Social Security Act 1969 debarred the appellant from pursuing common law and statutory tort claims against the employer or its servant for an employment injury
  2. 2 Whether the Sessions Court correctly struck out the writ and statement of claim under Order 18 r.19 Rules of Court 2012 as disclosing no reasonable cause of action or being an abuse of process
  3. 3 How to harmoniously construe s.31 SOCSO Act with statutory duties under OSHA and FMA

Ratio Decidendi

The High Court held that it was not plain and obvious that s.31 SOCSO Act necessarily barred the appellant's tort and statutory claims; construing SOCSO Act harmoniously with OSHA and the FMA, s.31 must not be stretched to render statutory safety duties and remedies meaningless. The matter raised arguable issues of negligence and statutory duty that require trial, therefore the Sessions Court's striking out was premature and was set aside.

Court Disposition

Appeal allowed; Sessions Court order striking out the writ and statement of claim set aside; matter remitted to Sessions Court for trial

Orders

  • Set aside Sessions Court order dated 16 July 2019 striking out the writ of summons and statement of claim
  • Remit the case to the Sessions Court for continuation to trial and final determination