SAFETAGS SOLUTION SDN. BHD MSIG INSURANCE (MALAYSIA) BHD

SAFETAGS SOLUTION SDN. BHD MSIG INSURANCE (MALAYSIA) BHD

High Court held (1) transmission of the draft judgment by the court interpreter via email was lawful within the court's power to use remote communication technology under the SCA and Rules of Court; (2) Sessions Court's judgment was not ambiguous as to liability and payment; (3) breaches of Parts IV of OSHA do not create independent civil causes of action (s59) but evidence of breaches was admissible and relevant to negligence/occupier liability; (4) appellants had not pleaded s31 SOCSO defence at trial and could not raise it on appeal; (5) Sessions Court's factual findings on place of incident, occupiers' control, invitee status, unusual danger and failure to take reasonable care were...

Citation
BA-12BC-8-05/2021 (Mahkamah Tinggi)
Parties
Appellant/third Party Claimant: Rexallent Construction Sdn. Bhd.; Appellant/third Party Claimant: Safetags Solution Sdn. Bhd.; Respondent/third Party Defendant: MSIG Insurance (Malaysia) Berhad; Respondent/third Party Defendant: Berjaya Sompo Insurance Berhad; Plaintiff/respondent: Chong Cheng Voon; Nominated Sub Contractor/third Party: Dexon Electrical Engineering Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
26 April 2022
Case Number
BA-12BC-8-05/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeals From Sessions Court (personal Injury/insurance/third Party) / High Court Judgment on Six Consolidated Appeals (re Hearing on Appeal)
Outcome
Six consolidated appeals disposed: four appeals dismissed/refused; two appeals allowed in favour of appellants against BSI; costs ordered as detailed
Legal Topics
Remote Communication Technology and Delivery of Judgments, Res Ipsa Loquitur, Contributory Negligence (helmet Cases), Employees’ Social Security Act S31, Occupational Safety and Health Act (s59) Effect on Civil Causes, Insurance Policy Construction and Contra Proferentem, Estoppel and Subrogation, Loss Notification Clauses
Source Language
Malay/English
Tort Negligence Occupier's Liability Insurance Law Statutory Interpretation Evidence Law Civil Procedure Occupational Safety and Health Law Remote Communication Technology and Delivery of Judgments +7 more

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Parties

Rexallent Construction Sdn. Bhd.

Appellant/third Party Claimant

Safetags Solution Sdn. Bhd.

Appellant/third Party Claimant

MSIG Insurance (Malaysia) Berhad

Respondent/third Party Defendant

Berjaya Sompo Insurance Berhad

Respondent/third Party Defendant

Chong Cheng Voon

Plaintiff/respondent

Dexon Electrical Engineering Sdn. Bhd.

Nominated Sub Contractor/third Party

Procedural Posture

Civil Appeals From Sessions Court (personal Injury/insurance/third Party) / High Court Judgment on Six Consolidated Appeals (re Hearing on Appeal)

Legal Issues

  1. 1 Whether transmission of draft judgment by court interpreter email lawful under SCA and Rules of Court
  2. 2 Whether Sessions Court judgment was ambiguous/defective as to liability and payment
  3. 3 Whether breaches of OSHA or subsidiary legislation give rise to a civil cause of action

Ratio Decidendi

High Court held (1) transmission of the draft judgment by the court interpreter via email was lawful within the court's power to use remote communication technology under the SCA and Rules of Court; (2) Sessions Court's judgment was not ambiguous as to liability and payment; (3) breaches of Parts IV of OSHA do not create independent civil causes of action (s59) but evidence of breaches was admissible and relevant to negligence/occupier liability; (4) appellants had not pleaded s31 SOCSO defence at trial and could not raise it on appeal; (5) Sessions Court's factual findings on place of incident, occupiers' control, invitee status, unusual danger and failure to take reasonable care were...

Court Disposition

Six consolidated appeals disposed: four appeals dismissed/refused; two appeals allowed in favour of appellants against BSI; costs ordered as detailed

Orders

  • Rexallent’s Appeal (Chong Cheng Voon) dismissed with costs
  • Safetags’ Appeal (Chong Cheng Voon) refused with costs