12 Dec 2025
TM TECHNOLOGY SERVICES SDN BHD PESTECH SDN BHD
- Citation
- WA-22NCvC-488-08/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-488-08/2023 (Mahkamah Tinggi)
On the balance of probabilities the Defendant (through its participation in the JV and conduct in the project) owed and breached a duty of care causing the cable damage; contemporaneous conduct (referral to insurer, negotiation for discount and failure to deny liability) and DW1 admission supported liability; Plaintiff proved rectification works and associated costs sufficiently to recover the invoiced sum; contributory negligence and depreciation arguments failed to displace liability or materially reduce recoverable amounts.