1. ) HALIMSUYTO BIN BORHAN 2. ) RURAHWARDAYANTI BINTI MARDISUSANTO 3. ) XXXX 1. ) PLUS MALAYSIA BERHAD 2. ) PROJEK LEBUHRAYA USAHASAMA BERHAD 3. ) MENTERI KERJA RAYA 4. ) KEMENTERIAN KERJA RAYA MALAYSIA 5. ) Jabatan Kerja Raya Malaysia 6. )

1. ) HALIMSUYTO BIN BORHAN 2. ) RURAHWARDAYANTI BINTI MARDISUSANTO 3. ) XXXX 1. ) PLUS MALAYSIA BERHAD 2. ) PROJEK LEBUHRAYA USAHASAMA BERHAD 3. ) MENTERI KERJA RAYA 4. ) KEMENTERIAN KERJA RAYA MALAYSIA 5. ) Jabatan Kerja Raya Malaysia 6. )

The High Court upheld the Sessions Court finding that Plaintiffs failed to prove Defendants were negligent. Res ipsa loquitur was inapplicable because the cause (collision with toll plaza structure) was known and the toll plaza was not entirely under defendants' exclusive control; evidence demonstrated permits, lighting, signage and TMP compliance and that the deceased drove recklessly. Therefore Defendants were not liable, the appeal was dismissed and no quantum assessment was required.

Citation
BA-12B-74-08/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: HALIMSUYTO BIN BORHAN; Appellant/plaintiff: RURAHWARDAYANTI BINTI MARDISUSANTO; Appellant/plaintiff: RIZWANHAKIM BIN HALIMSUYTO; Appellant/plaintiff: AMIR RAFIQ BIN HALIMSUYTO; Respondent/defendant: PLUS MALAYSIA BERHAD; Respondent/defendant: PROJEK LEBUHRAYA USAHASAMA BERHAD; Respondent/defendant: MENTERI KERJA RAYA; Respondent/defendant: KEMENTERIAN KERJA RAYA; Respondent/defendant: JABATAN KERJA RAYA; Respondent/defendant: LEMBAGA LEBUHRAYA MALAYSIA; Respondent/defendant: KERJAAN MALAYSIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 January 2023
Case Number
BA-12B-74-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Negligence (appeal) / Appeal to High Court From Sessions Court Decision
Outcome
Appeal dismissed; Sessions Court decision upheld
Legal Topics
Res Ipsa Loquitur, Duty of Care, Contributory Negligence, Quantum of Damages, Traffic Management Plan, Decommissioning of Toll Plaza, Appellate Intervention
Source Language
Malay/English
Tort Negligence Civil Procedure Evidence Personal Injury/dependency Claims Res Ipsa Loquitur Duty of Care Contributory Negligence +4 more

Case Brief

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Parties

HALIMSUYTO BIN BORHAN

Appellant/plaintiff

RURAHWARDAYANTI BINTI MARDISUSANTO

Appellant/plaintiff

RIZWANHAKIM BIN HALIMSUYTO

Appellant/plaintiff

AMIR RAFIQ BIN HALIMSUYTO

Appellant/plaintiff

PLUS MALAYSIA BERHAD

Respondent/defendant

PROJEK LEBUHRAYA USAHASAMA BERHAD

Respondent/defendant

MENTERI KERJA RAYA

Respondent/defendant

KEMENTERIAN KERJA RAYA

Respondent/defendant

JABATAN KERJA RAYA

Respondent/defendant

LEMBAGA LEBUHRAYA MALAYSIA

Respondent/defendant

KERJAAN MALAYSIA

Respondent/defendant

Procedural Posture

Civil Negligence (appeal) / Appeal to High Court From Sessions Court Decision

Legal Issues

  1. 1 Whether Defendants were negligent in respect of the toll plaza causing the fatal collision
  2. 2 Whether res ipsa loquitur applied to establish prima facie negligence
  3. 3 Whether Defendants implemented adequate traffic management, lighting and signage pending demolition

Ratio Decidendi

The High Court upheld the Sessions Court finding that Plaintiffs failed to prove Defendants were negligent. Res ipsa loquitur was inapplicable because the cause (collision with toll plaza structure) was known and the toll plaza was not entirely under defendants' exclusive control; evidence demonstrated permits, lighting, signage and TMP compliance and that the deceased drove recklessly. Therefore Defendants were not liable, the appeal was dismissed and no quantum assessment was required.

Court Disposition

Appeal dismissed; Sessions Court decision upheld

Orders

  • Appeal dismissed with costs
  • Plaintiffs to pay RM2,500.00 (subject to taxed fees) to Defendants First and Second