Malaysia Case Law: Decisions & Judgments

Topic

Independent contractor

Legal area

Court

16 Jan 2026

CONDOLINK SDN BHD 1. ) SDB PROPERTIES SDN BHD 2. ) INTA BINA SDN BHD PIHAK KETIGA ELKA ELZA LEGACY SDN BHD

Citation

BA-22NCvC-327-07/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-327-07/2025 (Mahkamah Tinggi)

The Statement of Claim failed to plead material facts linking the First Defendant to the alleged trespass; absent pleaded control, authorisation or assumption of responsibility, the independent contractor principle applies and no non-delegable duty was established; therefore the claim against the First Defendant is plainly unsustainable and an abuse of process, justifying strike out under Order 18 r.19 ROC.
28 Jul 2021

FANUC SDN BHD (Company No. 165601-T) 1. ADENLAND (CHERAS) SDN BHD (Company No. 895197-H) 2. PRESTASI INFRA BINA SDN BHD (Company No.989966-M)

Citation

W-02(NCVC)(W)-1268-07/2019 (Mahkamah Rayuan)
Court

NCVC
Case number

W-02(NCVC)(W)-1268-07/2019 (Mahkamah Rayuan)

On the facts the Court of Appeal held D2 was D1's agent and that D1 was liable for D2's trespass because D1 participated in and acquiesced to the wrongful excavation: D1 failed to supervise as required, produced no evidence from its supervising engineer or clerk of works, paid D2 in full after notice of trespass and later awarded D2 further work — conduct amounting to assent/ratification; the independent contractor defence was not pleaded and could not be relied upon to absolve D1; adverse inference drawn for non‑calling key witnesses; plaintiff entitled to special damages, value of earth, re…
13 Feb 2020

1. LOO KIM LYE 2. LOO WEI YONG SNT GLOBAL LOGISTICS SDN BHD

Citation

JA-12BNCVC-11-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCVC-11-07/2019 (Mahkamah Tinggi)

The appeal was allowed because estoppel was not properly pleaded and the emails did not constitute acceptance of liability; on the facts and evidence G-Get was an independent contractor and there was insufficient basis to impose vicarious liability on the appellants or to require them to indemnify the plaintiff for the SGD41,730 paid to AMB.

Malaysia Case Law

CONDOLINK SDN BHD 1. ) SDB PROPERTIES SDN BHD 2. ) INTA BINA SDN BHD PIHAK KETIGA ELKA ELZA LEGACY SDN BHD

FANUC SDN BHD (Company No. 165601-T) 1. ADENLAND (CHERAS) SDN BHD (Company No. 895197-H) 2. PRESTASI INFRA BINA SDN BHD (Company No.989966-M)

1. LOO KIM LYE 2. LOO WEI YONG SNT GLOBAL LOGISTICS SDN BHD