Arzanna Binti Abdullah 1. ) Ambank (M) Sdn Bhd 2. ) Kasha Parking Sdn Bhd 3. ) La Ode Ardi Rasila

Arzanna Binti Abdullah 1. ) Ambank (M) Sdn Bhd 2. ) Kasha Parking Sdn Bhd 3. ) La Ode Ardi Rasila

Bank (defendant first) not liable—no reasonable foreseeability or sufficient nexus; security company (defendant second) liable vicariously for the security guard's intentional killing because the employer created the employment conditions and risk enabling the guard to be armed and act in the course of employment; plaintiff's medical termination was lawful; plaintiff entitled to damages against defendant second as quantified by the court.

Citation
BA-12B-70-10/2023 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Arzanna binti Abdullah; Respondent/defendant: Ambank (M) Berhad; Respondent/defendant: Kasha Parking Sdn Bhd; Defendant/respondent: La Ode Ardi Rasila
Court
High Court
Jurisdiction
Malaysia
Judgment Date
25 September 2025
Case Number
BA-12B-70-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court/high Court Judgment / Judgment on Consolidated Appeals
Outcome
Appeal allowed in part and dismissed in part: decision against defendant first (bank) in Sessions Court upheld; decision dismissing claim against defendant second reversed and defendant second held 100% vicariously liable; no order against defendant third
Legal Topics
Vicarious Liability, Negligence, Psychiatric Injury, Damages Calculation, Admissibility of Computer Generated Documents, Occupational Safety
Source Language
Malay/English
Torts Employment Law Evidence Law Personal Injury Administrative/contractual Obligations Vicarious Liability Negligence Psychiatric Injury +3 more

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Parties

Arzanna binti Abdullah

Appellant/plaintiff

Ambank (M) Berhad

Respondent/defendant

Kasha Parking Sdn Bhd

Respondent/defendant

La Ode Ardi Rasila

Defendant/respondent

Procedural Posture

Civil Appeal From Sessions Court/high Court Judgment / Judgment on Consolidated Appeals

Legal Issues

  1. 1 Whether the bank (defendant first) is vicariously or otherwise liable for the security guard's intentional criminal act
  2. 2 Whether the security company (defendant second) is vicariously liable for its employee's intentional wrong
  3. 3 Whether the plaintiff's dismissal on medical grounds was lawful

Ratio Decidendi

Bank (defendant first) not liable—no reasonable foreseeability or sufficient nexus; security company (defendant second) liable vicariously for the security guard's intentional killing because the employer created the employment conditions and risk enabling the guard to be armed and act in the course of employment; plaintiff's medical termination was lawful; plaintiff entitled to damages against defendant second as quantified by the court.

Court Disposition

Appeal allowed in part and dismissed in part: decision against defendant first (bank) in Sessions Court upheld; decision dismissing claim against defendant second reversed and defendant second held 100% vicariously liable; no order against defendant third

Orders

  • Judgment against defendant second (Kasha Parking Sdn Bhd) holding it 100% vicariously liable for acts of its employee, La Ode Ardi Rasila
  • Plaintiff's appeal against defendant second allowed; defendant second to pay general and special damages and interest as ordered