C.I. GROUP PUBLIC COMPANY LIMITED CITY ZONE EXPRESS SDN BHD

C.I. GROUP PUBLIC COMPANY LIMITED CITY ZONE EXPRESS SDN BHD

In a bailment/sub-bailee relationship non-delivery or damage while goods are in the defendant’s custody gives rise to res ipsa loquitur and a prima facie case of negligence, shifting the burden to the defendant to prove the loss occurred without its negligence or that a clear exempting clause, established and...

Source-derived case information.

Citation
JB-12BNCvC-2-02/2024 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: C.I. Group Public Company Limited; Respondent/defendant: City Zone Express Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 September 2024
Case Number
JB-12BNCvC-2-02/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (contract of Bailment) / Appellate Judgment
Outcome
Appeal allowed; decision of the Sessions Court/LSJ set aside; judgment entered for the plaintiff
Legal Topics
Res Ipsa Loquitur, Burden of Proof, Waiver of Subrogation, Exemption Clause, Sub Bailee Liability, Interest and Costs
Contract Law Bailment Law Insurance Law (subrogation) Tort Negligence Res Ipsa Loquitur Burden of Proof Waiver of Subrogation Exemption Clause +2 more

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Parties

C.I. Group Public Company Limited

Appellant/plaintiff

City Zone Express Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal (contract of Bailment) / Appellate Judgment

Legal Issues

  1. 1 Whether defendant as sub-bailee is liable for damage to goods in its custody
  2. 2 Whether plaintiff proved negligence or established res ipsa loquitur shifting burden to defendant
  3. 3 Whether waiver of subrogation/exemption clauses in prior quotations deprive plaintiff/insurer of locus standi or exempt defendant from liability

Ratio Decidendi

In a bailment/sub-bailee relationship non-delivery or damage while goods are in the defendant’s custody gives rise to res ipsa loquitur and a prima facie case of negligence, shifting the burden to the defendant to prove the loss occurred without its negligence or that a clear exempting clause, established and assented to by the bailor, applies; defendant failed to discharge that burden and failed to prove plaintiff assented to any waiver of subrogation, therefore plaintiff proved its claim on the balance of probabilities.

Court Disposition

Appeal allowed; decision of the Sessions Court/LSJ set aside; judgment entered for the plaintiff

Orders

  • Appeal allowed and judgment of the lower court set aside
  • Judgment for the Plaintiff in the sum of RM118,568.21