MONARCH LODGE DEVELOPMENT SDN BHD TELEKOM MALAYSIA BERHAD

MONARCH LODGE DEVELOPMENT SDN BHD TELEKOM MALAYSIA BERHAD

The High Court affirmed the Sessions Court: defendant owed a duty of care, breached that duty by negligently excavating and causing damage to plaintiff's infrastructure, plaintiff proved loss of RM809,458.65 supported by invoices and contractor payments, and is entitled to that sum with 5% p.a. interest from 25.11.2016 until full settlement and costs on the scale; the appellant's challenges were unmeritorious.

Citation
NA-12BNCvC-17-06/2023 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Monarch Lodge Development Sdn Bhd; Respondent / Plaintiff: Telekom Malaysia Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 February 2024
Case Number
NA-12BNCvC-17-06/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal Judgment (high Court)
Outcome
Appeal dismissed
Legal Topics
Duty of Care, Breach of Duty, Causation, Res Ipsa Loquitur, Compensatory Damages, Costs, Appellate Review Standard
Source Language
Malay/English
Tort Negligence Civil Damages Civil Procedure Duty of Care Breach of Duty Causation Res Ipsa Loquitur +3 more

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Parties

Monarch Lodge Development Sdn Bhd

Appellant / Defendant

Telekom Malaysia Berhad

Respondent / Plaintiff

Procedural Posture

Civil Appeal / Appeal Judgment (high Court)

Legal Issues

  1. 1 Whether the defendant owed a duty of care to the plaintiff
  2. 2 Whether the defendant or its agents negligently caused damage to plaintiff's underground cables, ducts and cabinets
  3. 3 Whether the plaintiff is entitled to recover repair and relocation costs and interest

Ratio Decidendi

The High Court affirmed the Sessions Court: defendant owed a duty of care, breached that duty by negligently excavating and causing damage to plaintiff's infrastructure, plaintiff proved loss of RM809,458.65 supported by invoices and contractor payments, and is entitled to that sum with 5% p.a. interest from 25.11.2016 until full settlement and costs on the scale; the appellant's challenges were unmeritorious.

Court Disposition

Appeal dismissed

Orders

  • Defendant to pay plaintiff RM809,458.65
  • Interest at 5% per annum on RM809,458.65 from 25-11-2016 until full settlement