1. ) MOHD RAHIME FAUZE BIN ABDUL RAHMAN 2. ) FATIMAH BINTI ALI SYARIKAT AIR TERENGGANU SDN BHD

1. ) MOHD RAHIME FAUZE BIN ABDUL RAHMAN 2. ) FATIMAH BINTI ALI SYARIKAT AIR TERENGGANU SDN BHD

On the balance of probabilities the court found Defendant liable for negligence and nuisance for allowing contractor operations to release water onto Plaintiffs' lower‑lying property; causation was established by witness evidence and contemporaneous photos/videos; however quantum required reduction because...

Source-derived case information.

Citation
TA-A53-6-10/2023 (Mahkamah Sesyen)
Parties
Plaintiff: Mohd Rahime Fauze bin Abdul Rahman; Plaintiff: Fatimah binti Ali; Defendant: Syarikat Air Terengganu Sdn Bhd; Third Party: Muhammad Ikhmal Alif bin Fauzi; Third Party: Mohd bin Ngah; Third Party: Nurul Athirah binti Kamarudin
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
10 November 2025
Case Number
TA-A53-6-10/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Tort Negligence and Nuisance / Judgment (trial Level)
Outcome
Plaintiffs' claims allowed in part. Defendant held liable for negligence and nuisance; certain damages and costs awarded; aggravated and exemplary damages refused.
Legal Topics
Duty of Care, Causation, Res Ipsa Loquitur, Rylands V Fletcher, Special Damages, General Damages, Aggravated Damages, Exemplary Damages, Interest, Costs, Locus Standi, Standard of Care
Tort Negligence Nuisance Evidence Law Remedies Damages Duty of Care Causation Res Ipsa Loquitur +9 more

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Summary, issues, holding and outcome

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Parties

Mohd Rahime Fauze bin Abdul Rahman

Plaintiff

Fatimah binti Ali

Plaintiff

Syarikat Air Terengganu Sdn Bhd

Defendant

Muhammad Ikhmal Alif bin Fauzi

Third Party

Mohd bin Ngah

Third Party

Nurul Athirah binti Kamarudin

Third Party

Procedural Posture

Civil Tort Negligence and Nuisance / Judgment (trial Level)

  1. 1 Whether Defendant (or its agents/contractors) breached a duty of care when repairing a leaking water main
  2. 2 Whether the escape/release of water caused damage to Plaintiffs' property (causation and damage)
  3. 3 Whether Res Ipsa Loquitur applies

Ratio Decidendi

On the balance of probabilities the court found Defendant liable for negligence and nuisance for allowing contractor operations to release water onto Plaintiffs' lower‑lying property; causation was established by witness evidence and contemporaneous photos/videos; however quantum required reduction because Plaintiffs failed to strictly prove several special items and did not call expert evidence; court awarded two‑thirds of the quoted repair cost for the kitchen (RM27,270), awarded specified ancillary special expenses (RM2,500 for repairs/cleaning, RM800 valuation report, RM200 police/photos), awarded RM5,000 general damages, denied aggravated and exemplary damages, awarded interest as...

Court Disposition

Plaintiffs' claims allowed in part. Defendant held liable for negligence and nuisance; certain damages and costs awarded; aggravated and exemplary damages refused.

Orders

  • Special damages awarded: RM27,270 (repair of kitchen: 2/3 of quoted RM40,900)
  • Special damages awarded: RM2,500 (repairs and cleaning)