Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Subcontractor liability

Legal area

Court

7 Feb 2025

TELEKOM MALAYSIA BERHAD PENGUKUHAN NS SDN BHD PENCELAH RIDZUAN BIN IBNI HAJAR

Citation

BB-A53-3-05/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-A53-3-05/2022 (Mahkamah Sesyen)

Defendant breached duty of care by failing to ensure underground mapping/piloting and proper supervision of excavation; res ipsa loquitur established a prima facie case of negligence; subcontractor was under Defendant's control/agency so Defendant is vicariously liable; Plaintiff proved special damages of RM197,771.90 with supporting invoices and witness evidence; therefore Plaintiff entitled to judgment for RM197,771.90 with 5% p.a. interest from 8.2.2018 and costs of RM8,000; Defendant's claim against Third Party dismissed.
11 Jan 2023

UNION LAND SINGAPORE PTE LTD OK KITCHEN SDN BHD

Citation

WA-12ANCvC-247-08/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12ANCvC-247-08/2022 (Mahkamah Tinggi)

Service at the third party's registered office was proper under Order 62 r4 and Singapore law; the third party failed to file the application to set aside the default judgment within 30 days and did not seek an extension of time; the third party lacked a meritorious defence and did not demonstrate special circumstances to stay execution; the Sessions Court decision refusing the application was correct and the appeal is dismissed with costs subject to allocatur.