11 Apr 2025
KHY FOODS AND BEVERAGES SDN BHD PLAZA MONT' KIARA MANAGEMENT CORPORATION
- Citation
- WA-A53-14-05/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-A53-14-05/2023 (Mahkamah Sesyen)
Defendant, as occupier/controller of the premises and the tree, owed a duty of care which it breached by failing to take reasonable steps to identify and remediate known risks (complaints and fungal growth); the collapse could not be explained solely by weather and res ipsa loquitur applies; exclusion clauses were not incorporated or effective (not brought to Plaintiff's attention and contrary to s29 Contracts Act), therefore Defendant liable for proven repair costs and party-party costs; no exemplary damages awarded.