FULL AGRICULTURE ENTERPRISE SDN BHD 1. ) GM AGRO FARM (M) SDN. BHD. 2. ) SLF MEGA AGRIBUSINESS SDN. BHD.

FULL AGRICULTURE ENTERPRISE SDN BHD 1. ) GM AGRO FARM (M) SDN. BHD. 2. ) SLF MEGA AGRIBUSINESS SDN. BHD.

Court held plaintiff lacked locus standi because the lease/contract was in the name of another (SP2); on the merits the court found defendants' earthworks were negligent and liable for causing landslides/mud floods, but plaintiff failed to prove the quantum of loss with independent expert measurement; defendants'...

Source-derived case information.

Citation
DA-23NCvC-2-12/2020 (Mahkamah Tinggi)
Parties
Plaintiff: Full Agriculture Enterprise Sdn Bhd; Defendant: GM Agro Farm (M) Sdn Bhd; Defendant: SLF Mega Agribusiness Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 December 2024
Case Number
DA-23NCvC-2-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil (tort: Negligence/trespass) / High Court Judgment at Trial
Outcome
Both plaintiff's claim and defendants' counterclaim dismissed without costs.
Legal Topics
Negligence, Trespass/personal Property Damage, Locus Standi/proper Plaintiff Rule, Proof of Damages/quantum, Rylands V Fletcher – Applicability
Tort Property Law Company Law Evidence Law Negligence Trespass/personal Property Damage Locus Standi/proper Plaintiff Rule Proof of Damages/quantum +1 more

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Parties

Full Agriculture Enterprise Sdn Bhd

Plaintiff

GM Agro Farm (M) Sdn Bhd

Defendant

SLF Mega Agribusiness Sdn Bhd

Defendant

Procedural Posture

Civil (tort: Negligence/trespass) / High Court Judgment at Trial

  1. 1 Whether plaintiff has capacity/locus standi to sue (proper plaintiff rule)
  2. 2 Whether defendants' earthworks caused landslides and mud floods (negligence)
  3. 3 Whether plaintiff proved entitlement to damages/quantum

Ratio Decidendi

Court held plaintiff lacked locus standi because the lease/contract was in the name of another (SP2); on the merits the court found defendants' earthworks were negligent and liable for causing landslides/mud floods, but plaintiff failed to prove the quantum of loss with independent expert measurement; defendants' counterclaim was not proved; accordingly both claims were dismissed without costs.

Court Disposition

Both plaintiff's claim and defendants' counterclaim dismissed without costs.

Orders

  • Plaintiff's claim dismissed for lack of locus standi; alternatively no damages awarded for failure to prove quantum
  • Defendants' counterclaim dismissed