Malaysia Case Law: Decisions & Judgments

Topic

Rylands v fletcher

Legal area

Court

10 Nov 2025

1. ) MOHD RAHIME FAUZE BIN ABDUL RAHMAN 2. ) FATIMAH BINTI ALI SYARIKAT AIR TERENGGANU SDN BHD

Citation

TA-A53-6-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53-6-10/2023 (Mahkamah Sesyen)

On the balance of probabilities the court found Defendant liable for negligence and nuisance for allowing contractor operations to release water onto Plaintiffs' lower‑lying property; causation was established by witness evidence and contemporaneous photos/videos; however quantum required reduction because Plaintiffs failed to strictly prove several special items and did not call expert evidence; court awarded two‑thirds of the quoted repair cost for the kitchen (RM27,270), awarded specified ancillary special expenses (RM2,500 for repairs/cleaning, RM800 valuation report, RM200 police/photos)…
4 Jul 2023

SETIAKON BUILDERS SDN BHD GD CAPITAL HOLDINGS SDN BHD

Citation

WA-22NCvC-761-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-761-10/2019 (Mahkamah Tinggi)

Plaintiff's claim dismissed because it failed to discharge the evidential burden to prove on balance of probabilities that the defendant caused the fire or breached any duty: the Bomba report found cause indeterminable, the plaintiff offered only speculative assertions and unchallenged defendant expert evidence that the fire was fortuitous, exclusive control of the ignition source was not established so res ipsa loquitur did not apply, and the elements for statutory breach and Rylands liability were not proved.
23 Jun 2023

1. ) Ahmad Rubil Bin Ahmad 2. ) Mazawati Osman 3. ) Low Koe Sei 4. ) Koh Mei Leng 5. ) Abdul Malek Bin Ahmad Zaini 6. ) Haironi Binti Raffaiee 7. ) Chong Sun Chan 8. ) Tong Yap Lan 9. ) Syarifah Aliza Binti Syed Azauddin 10. ) Juraimi Azaha

Citation

WA-22NCvC-655-09/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-655-09/2019 (Mahkamah Tinggi)

Plaintiffs failed to discharge the evidentiary burden to prove on the balance of probabilities that the defendants' construction (including the RC wall and backfilling) caused the three flooding events and resultant damage; evidence established significant surface runoff from MRR2 and diversion works by third parties as the effective cause, plaintiffs' expert evidence was speculative and insufficient, therefore defendants are not liable and plaintiffs' claims fail.
28 Oct 2021

SAJ RANHILL SDN BHD (Company No.: 476718-H SWM GREENTECH SDN BHD (Company No.: 1068667-X) 2. SWM ENVIRONMENT SDN BHD (Company No.: 380208-V)

Citation

JA- 22NCVC-189-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA- 22NCVC-189-09/2018 (Mahkamah Tinggi)

Although a duty of care to downstream users existed, the court found the primary causes of the pollution incidents were the landfill's location, poor design and owners/local authorities' decisions to exceed capacity; the plaintiff failed to establish that the defendants, as operators, were the effective cause of the damages claimed; alternative torts (Rylands/nuisance) failed for lack of riparian locus and owner liability, breach of statutory duty was not a private cause, and the losses claimed were pure economic loss not recoverable; accordingly the plaintiff's claim was dismissed and costs…
22 Jul 2021

Aima Development Sdn Bhd Global Pandora Sdn Bhd Hashim bin Abd Aziz Hasmah binti Yaa'cob

Citation

BA-22E-1-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22E-1-07/2019 (Mahkamah Tinggi)

2nd and 3rd defendants (landowners) were not liable absent evidence of participation or control; temporary access road was built with Plaintiff's knowledge/acquiescence and caused no proven loss; 1st defendant unlawfully cut and removed soil and must compensate value of benefit unjustly obtained assessed at RM10.00/m3 for 25,287 m3 (RM252,287) plus RM50,000 general damages for embankment trespass; ponding not shown to be caused by defendant and remedial costs not proven.

Malaysia Case Law

1. ) MOHD RAHIME FAUZE BIN ABDUL RAHMAN 2. ) FATIMAH BINTI ALI SYARIKAT AIR TERENGGANU SDN BHD

SETIAKON BUILDERS SDN BHD GD CAPITAL HOLDINGS SDN BHD

1. ) Ahmad Rubil Bin Ahmad 2. ) Mazawati Osman 3. ) Low Koe Sei 4. ) Koh Mei Leng 5. ) Abdul Malek Bin Ahmad Zaini 6. ) Haironi Binti Raffaiee 7. ) Chong Sun Chan 8. ) Tong Yap Lan 9. ) Syarifah Aliza Binti Syed Azauddin 10. ) Juraimi Azaha

SAJ RANHILL SDN BHD (Company No.: 476718-H SWM GREENTECH SDN BHD (Company No.: 1068667-X) 2. SWM ENVIRONMENT SDN BHD (Company No.: 380208-V)

Aima Development Sdn Bhd Global Pandora Sdn Bhd Hashim bin Abd Aziz Hasmah binti Yaa'cob