13 Dec 2022
HEMRAJ & CO SDN BHD TENAGA NASIONAL BERHAD
- Citation
- 02(f)-65-11/2021(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-65-11/2021(W) (Mahkamah Persekutuan)
The Federal Court held that the excavation and sewage connection were routine residential works that were not 'exceptionally dangerous whatever precautions are taken'; proper precautions (utility mapping) would have removed the material risk; consequently no non-delegable duty was owed by the homeowner to TNB and the appeals of the lower courts imposing such a duty were set aside.