ONG KAH LOK JABATAN KERJA RAYA & ANOTHER

ONG KAH LOK JABATAN KERJA RAYA & ANOTHER

The High Court held the strike out was inappropriate because material issues about responsibility for road safety and maintenance, and whether JKR retained duties notwithstanding local delegation, required full trial; therefore the magistrate's decision was set aside and the matter remitted for trial.

Citation
WA-11ANCVC-130-12/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ong Kah Lok; 1st Respondent/defendant: Ketua Pengarah Jabatan Kerja Raya Malaysia; 2nd Respondent/defendant: Kerajaan Malaysia
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 April 2021
Case Number
WA-11ANCVC-130-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Against Strike Out / Appeal Allowed and Remitted to Magistrate's Court for Trial
Outcome
Appeal allowed; Magistrate's decision set aside; matter remitted for trial in the Magistrate's Court.
Legal Topics
Negligence, Maintenance of Public Roads, Duty of Care, Strike Out Under Order 18 Rule 19, Jurisdictional Responsibility
Source Language
Malay/English
Civil Procedure Tort Administrative Law Public Law Negligence Maintenance of Public Roads Duty of Care Strike Out Under Order 18 Rule 19 +1 more

Case Brief

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Parties

Ong Kah Lok

Appellant/plaintiff

Ketua Pengarah Jabatan Kerja Raya Malaysia

1st Respondent/defendant

Kerajaan Malaysia

2nd Respondent/defendant

Procedural Posture

Civil Appeal Against Strike Out / Appeal Allowed and Remitted to Magistrate's Court for Trial

Legal Issues

  1. 1 Whether the Jabatan Kerja Raya (JKR) or the City Hall is responsible for safety and maintenance of the road where the damage occurred
  2. 2 Whether delegation of maintenance responsibility to local authorities absolves the federal body (JKR) of responsibility for overall road safety
  3. 3 Whether the Plaintiff's claim is a fit and obvious case to be struck out under Order 18 Rule 19 of the Court Rules 2012

Ratio Decidendi

The High Court held the strike out was inappropriate because material issues about responsibility for road safety and maintenance, and whether JKR retained duties notwithstanding local delegation, required full trial; therefore the magistrate's decision was set aside and the matter remitted for trial.

Court Disposition

Appeal allowed; Magistrate's decision set aside; matter remitted for trial in the Magistrate's Court.

Orders

  • Appeal allowed
  • Decision of the learned Magistrate set aside