FENG JIN TEXTILE SDN.BHD SEGAR A/L R.RETNAM

FENG JIN TEXTILE SDN.BHD SEGAR A/L R.RETNAM

On the balance of probabilities the High Court found D1 contracted CSCEW and, with knowledge or acquiescence, D2 (through his son/operator) and D1 jointly caused wrongful entry and disposal of cotton waste on plaintiff’s land constituting continuing trespass; appellate court upheld liability, maintained RM20,000...

Source-derived case information.

Citation
AB-12BNCvC-3-02/2024 (Mahkamah Tinggi)
Parties
Appellant/1st Defendant: Feng Jin Textile Sdn. Bhd.; Respondent/plaintiff: Segar a/l Retnam; 2nd Defendant: Chai Kah Wei; 3rd Defendant (withdrawn): Kok Meng Trading Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 January 2025
Case Number
AB-12BNCvC-3-02/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal to High Court From Sessions Court / Judgment on Appeal (final)
Outcome
Appeal by D1 dismissed; liability of D1 and D2 for trespass affirmed; plaintiff's cross-appeal on quantum allowed in part.
Legal Topics
Trespass to Land, Continuing Trespass, Assessment of Damages, Exemplary Damages, Vicarious/acquiescence Liability, Appeal Standard of Review
Tort Property Law Environmental Law Civil Procedure Trespass to Land Continuing Trespass Assessment of Damages Exemplary Damages +2 more

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Parties

Feng Jin Textile Sdn. Bhd.

Appellant/1st Defendant

Segar a/l Retnam

Respondent/plaintiff

Chai Kah Wei

2nd Defendant

Kok Meng Trading Sdn. Bhd.

3rd Defendant (withdrawn)

Procedural Posture

Civil Appeal to High Court From Sessions Court / Judgment on Appeal (final)

Legal Issues

  1. 1 Whether D1 engaged or had dealings with D2/D3 and thereby bears responsibility for disposal of cotton waste on plaintiff's land
  2. 2 Whether D1 and D2 committed trespass to the plaintiff's land
  3. 3 Whether continuing trespass occurred and appropriate quantum including per diem damages

Ratio Decidendi

On the balance of probabilities the High Court found D1 contracted CSCEW and, with knowledge or acquiescence, D2 (through his son/operator) and D1 jointly caused wrongful entry and disposal of cotton waste on plaintiff’s land constituting continuing trespass; appellate court upheld liability, maintained RM20,000 general damages, awarded exemplary damages RM30,000 to punish D1 for wanton disregard, and imposed RM500 per diem from 19.2.2022 to 19.2.2024 and continuing daily after seven days from the order until residue removal; D1's appeal dismissed and plaintiff's appeal on quantum allowed in part.

Court Disposition

Appeal by D1 dismissed; liability of D1 and D2 for trespass affirmed; plaintiff's cross-appeal on quantum allowed in part.

Orders

  • D1's appeal dismissed
  • Sessions Court award of RM20,000 general damages upheld (to be paid by defendants)