YEOH WEOI LEONG & 248 OTHERS 1. ) HAJI AZMI BIN TAMAT (Disaman sebagai bekas Pengarah Negeri Jabatan Bomba dan Penyelamat Pulau Pinang) 2. ) PENGARAH NEGERI JABATAN BOMBA DAN PENYELAMAT PULAU PINANG 3. ) KETUA PENGARAH JABATAN BOMBA DAN PEN

YEOH WEOI LEONG & 248 OTHERS 1. ) HAJI AZMI BIN TAMAT (Disaman sebagai bekas Pengarah Negeri Jabatan Bomba dan Penyelamat Pulau Pinang) 2. ) PENGARAH NEGERI JABATAN BOMBA DAN PENYELAMAT PULAU PINANG 3. ) KETUA PENGARAH JABATAN BOMBA DAN PEN

The claim was dismissed because it was time-barred under section 2(a) of the Public Authorities Protection Act 1948 and, on the merits, the Plaintiffs failed to discharge the burden of proof that the Two Release Letters were illegally issued or that the Defendants breached statutory duties or acted with malice; the Two Release Letters were issued after proper inspection based on certified plans and any non-compliance arose after CCC due to later renovations; damages were unproven.

Citation
PA-21NCC-1-09/2022 (Mahkamah Tinggi)
Parties
Plaintiffs: Plaintiffs (owners/purchasers of units in BM City Complex); 1st Defendant (former State Director, Fire and Rescue Department, Penang): Haji Azmi bin Tamat; Defendants (state and Federal Fire Authority and Government): Pengarah Negeri Jabatan Bomba dan Penyelamat Pulau Pinang; Ketua Pengarah Jabatan Bomba dan Penyelamat Malaysia; Kerajaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 August 2023
Case Number
PA-21NCC-1-09/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Suit for Breach of Statutory Duty and Tort of Misfeasance in Public Office / Judgment After Full Trial (trial Concluded)
Outcome
Plaintiffs' claim dismissed
Legal Topics
Breach of Statutory Duty, Misfeasance in Public Office, Limitation Under Public Authorities Protection Act S2(a), Fire Safety Regulation and Certification, Vicarious Liability, Evidence and Burden of Proof
Source Language
Malay/English
Administrative Law Public Law Tort Law Statutory Interpretation Civil Procedure Breach of Statutory Duty Misfeasance in Public Office Limitation Under Public Authorities Protection Act S2(a) +3 more

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Parties

Plaintiffs (owners/purchasers of units in BM City Complex)

Plaintiffs

Haji Azmi bin Tamat

1st Defendant (former State Director, Fire and Rescue Department, Penang)

Pengarah Negeri Jabatan Bomba dan Penyelamat Pulau Pinang; Ketua Pengarah Jabatan Bomba dan Penyelamat Malaysia; Kerajaan Malaysia

Defendants (state and Federal Fire Authority and Government)

Procedural Posture

Civil Suit for Breach of Statutory Duty and Tort of Misfeasance in Public Office / Judgment After Full Trial (trial Concluded)

Legal Issues

  1. 1 Whether the action is time-barred under section 2(a) of the Public Authorities Protection Act 1948
  2. 2 Whether the Form G8 and Form G9 (Two Release Letters) were issued irregularly or illegally
  3. 3 Whether the Defendants breached statutory duties in issuing the Two Release Letters

Ratio Decidendi

The claim was dismissed because it was time-barred under section 2(a) of the Public Authorities Protection Act 1948 and, on the merits, the Plaintiffs failed to discharge the burden of proof that the Two Release Letters were illegally issued or that the Defendants breached statutory duties or acted with malice; the Two Release Letters were issued after proper inspection based on certified plans and any non-compliance arose after CCC due to later renovations; damages were unproven.

Court Disposition

Plaintiffs' claim dismissed

Orders

  • Plaintiffs' claim dismissed in entirety
  • Plaintiffs to pay costs to Defendants in the sum of RM10000