1. ) MOHD HAKEEM BIN HANIFF 2. ) NURUL SHAFINAZ BINTI ABDUL RASHID 1. ) DATUK BANDAR, DEWAN BANDARAYA KUALA LUMPUR 2. ) SISTEM PENYURAIAN TRAFIK KL BARAT HOLDINGS SDN. BHD. 3. ) Time Dotcom Berhad

1. ) MOHD HAKEEM BIN HANIFF 2. ) NURUL SHAFINAZ BINTI ABDUL RASHID 1. ) DATUK BANDAR, DEWAN BANDARAYA KUALA LUMPUR 2. ) SISTEM PENYURAIAN TRAFIK KL BARAT HOLDINGS SDN. BHD. 3. ) Time Dotcom Berhad

The High Court held that the Sessions Court erred in dismissing the plaintiffs' suit for imprecise particulars; inaccuracies in location and description were not fatal because evidence and admissions showed the accident location and cause and the defendants were not prejudiced or taken by surprise. Accordingly the plaintiffs' appeal was allowed; DBKL remained liable for failing its statutory duty; DBKL's indemnity claim against Sprint succeeded in part; Sprint's indemnity claim against Time Dotcom succeeded where Time Dotcom made a no-case submission and called no witnesses.

Citation
WA-12BNCvC-56-04/2023 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: Mohd Hakeem bin Haniff; Plaintiff/appellant: Nurul Shafinaz binti Abdul Rashid; Defendant/respondent: Datuk Bandar Dewan Bandaraya Kuala Lumpur; 1st Third Party/respondent/appellant: Sistem Penyuraian Trafik KL Barat Holdings Sdn Bhd (Sprint); 2nd Third Party/respondent: Time Dotcom Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 March 2024
Case Number
WA-12BNCvC-56-04/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (negligence and Third Party Indemnity) From Sessions Court / High Court Determination on Appeals and Cross Appeal (final Judgment)
Outcome
Plaintiffs' appeal allowed; Sessions Court dismissal set aside; cross-appeal by DBKL on quantum dismissed; DBKL's appeal against Sprint allowed in part; Sprint's appeal against Time Dotcom allowed; quantum and interest as awarded by Sessions Court largely affirmed.
Legal Topics
Pleadings, No Case to Answer, Third Party Indemnity/indemnity Claims, Statutory Immunity (government Proceedings Act), Quantum of Damages
Source Language
Malay/English
Tort Negligence Civil Procedure Pleadings and Appeals Public Law Statutory Duties of Local Authorities Pleadings No Case to Answer Third Party Indemnity/indemnity Claims Statutory Immunity (government Proceedings Act) Quantum of Damages

Case Brief

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Parties

Mohd Hakeem bin Haniff

Plaintiff/appellant

Nurul Shafinaz binti Abdul Rashid

Plaintiff/appellant

Datuk Bandar Dewan Bandaraya Kuala Lumpur

Defendant/respondent

Sistem Penyuraian Trafik KL Barat Holdings Sdn Bhd (Sprint)

1st Third Party/respondent/appellant

Time Dotcom Berhad

2nd Third Party/respondent

Procedural Posture

Civil Appeal (negligence and Third Party Indemnity) From Sessions Court / High Court Determination on Appeals and Cross Appeal (final Judgment)

Legal Issues

  1. 1 Whether errors in particulars in the Statement of Claim are fatal under the rule that parties are bound by their pleadings
  2. 2 Whether the pleaded variance (location and cause) amounts to a radical departure warranting dismissal
  3. 3 Whether DBKL retained liability despite delegating road maintenance and whether statutory immunity under s.7 Government Proceedings Act applies

Ratio Decidendi

The High Court held that the Sessions Court erred in dismissing the plaintiffs' suit for imprecise particulars; inaccuracies in location and description were not fatal because evidence and admissions showed the accident location and cause and the defendants were not prejudiced or taken by surprise. Accordingly the plaintiffs' appeal was allowed; DBKL remained liable for failing its statutory duty; DBKL's indemnity claim against Sprint succeeded in part; Sprint's indemnity claim against Time Dotcom succeeded where Time Dotcom made a no-case submission and called no witnesses.

Court Disposition

Plaintiffs' appeal allowed; Sessions Court dismissal set aside; cross-appeal by DBKL on quantum dismissed; DBKL's appeal against Sprint allowed in part; Sprint's appeal against Time Dotcom allowed; quantum and interest as awarded by Sessions Court largely affirmed.

Orders

  • Appeal WA-12BNCvC-56-04/2023 allowed: Sessions Court dismissal set aside; DBKL to pay plaintiffs costs of RM 20,000 subject to allocatur
  • Set aside Sessions Court order that plaintiffs pay DBKL scale costs of RM 13,680.45