KOH TAT MENG (NO. K/P.: 721005-04-5241) KERAJAAN NEGERI SELANGOR DARUL EHSAN

KOH TAT MENG (NO. K/P.: 721005-04-5241) KERAJAAN NEGERI SELANGOR DARUL EHSAN

The appeal was dismissed because the plaintiff failed to plead or establish an employer-employee relationship between the State and the local authority's officers; the State and the local authority are distinct legal entities with separate functions and administrative jurisdictions; accordingly there was no reasonable cause of action against the State and the claim against the 4th Defendant was plainly unsustainable, frivolous and an abuse of process.

Citation
BA-11A-26-10/2020 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Koh Tat Meng; Respondent / 4th Defendant: Kerajaan Negeri Selangor Darul Ehsan; 1st Defendant: Mohd Sadruddin Mohd Rosli; 2nd Defendant: Noraini binti Hj Roslan; 3rd Defendant: Majlis Perbandaran Subang Jaya
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 March 2021
Case Number
BA-11A-26-10/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Magistrates' Court / Final Judgment of High Court on Striking Out Appeal
Outcome
Appeal dismissed; decision of Magistrate affirmed
Legal Topics
Vicarious Liability, Striking Out Under Order 18 R19, Battery, Abuse of Process, Separation of State and Local Authority Functions
Source Language
Malay/English
Tort Civil Procedure Local Government Law Administrative Law Vicarious Liability Striking Out Under Order 18 R19 Battery Abuse of Process +1 more

Case Brief

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Parties

Koh Tat Meng

Appellant / Plaintiff

Kerajaan Negeri Selangor Darul Ehsan

Respondent / 4th Defendant

Mohd Sadruddin Mohd Rosli

1st Defendant

Noraini binti Hj Roslan

2nd Defendant

Majlis Perbandaran Subang Jaya

3rd Defendant

Procedural Posture

Civil Appeal From Magistrates' Court / Final Judgment of High Court on Striking Out Appeal

Legal Issues

  1. 1 Whether the claim of vicarious liability against the State (4th Defendant) disclosed a reasonable cause of action
  2. 2 Whether the State Government can be vicariously liable for torts committed by employees of a local authority
  3. 3 Whether the plaintiff's suit against the 4th Defendant was frivolous, vexatious or an abuse of court process warranting striking out

Ratio Decidendi

The appeal was dismissed because the plaintiff failed to plead or establish an employer-employee relationship between the State and the local authority's officers; the State and the local authority are distinct legal entities with separate functions and administrative jurisdictions; accordingly there was no reasonable cause of action against the State and the claim against the 4th Defendant was plainly unsustainable, frivolous and an abuse of process.

Court Disposition

Appeal dismissed; decision of Magistrate affirmed

Orders

  • Appeal dismissed with costs
  • Magistrate's order striking out claim against 4th Defendant affirmed