JM Letrik Sdn. Bhd. Gas Malaysia Distribution Sdn Bhd

JM Letrik Sdn. Bhd. Gas Malaysia Distribution Sdn Bhd

High Court upheld trial judge's findings that defendant breached its duty of care by deviating from the approved HDD profile, failing to ensure a minimum 3m safe distance and to expose the plaintiff's gas pipeline, and by carrying out works without valid work permits and supervision; those breaches caused the...

Source-derived case information.

Citation
JA-12BNCvC-18-08/2024 (Mahkamah Tinggi)
Parties
Appellant: JM LETRIK SDN BHD; Respondent: GAS MALAYSIA DISTRIBUTION SDN BHD; Third Party: MSIG INSURANCE (MALAYSIA) BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 August 2025
Case Number
JA-12BNCvC-18-08/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (negligence/tort) / High Court Appeal Judgment
Outcome
Appeal dismissed; High Court upholds trial court judgment dated 15.07.2024
Legal Topics
Duty of Care, Breach of Duty, Causation, Remoteness, Quantum of Damages, Work Permits, Site Supervision, Evidential Burden
Tort Negligence Civil Procedure Damages Evidence Duty of Care Breach of Duty Causation +5 more

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Parties

JM LETRIK SDN BHD

Appellant

GAS MALAYSIA DISTRIBUTION SDN BHD

Respondent

MSIG INSURANCE (MALAYSIA) BHD

Third Party

Procedural Posture

Civil Appeal (negligence/tort) / High Court Appeal Judgment

  1. 1 Whether defendant owed a duty of care to plaintiff
  2. 2 Whether defendant breached the duty by deviating from approved HDD profile and failing to expose the plaintiff's gas pipeline
  3. 3 Whether the breach caused the damage to the gas pipeline (causation)

Ratio Decidendi

High Court upheld trial judge's findings that defendant breached its duty of care by deviating from the approved HDD profile, failing to ensure a minimum 3m safe distance and to expose the plaintiff's gas pipeline, and by carrying out works without valid work permits and supervision; those breaches caused the pipeline damage and the plaintiff proved losses of RM744,271.24 on the balance of probabilities; appellate court will not disturb trial judge's factual findings absent plain error, therefore appeal dismissed.

Court Disposition

Appeal dismissed; High Court upholds trial court judgment dated 15.07.2024

Orders

  • Trial court judgment dated 15.7.2024 upheld
  • Judgment sum awarded to Gas Malaysia Distribution Sdn Bhd RM744,271.24 (as per trial judgment) with interest at 5% per annum (as awarded by trial court) and costs RM20,000 (as awarded by trial court)