28 Jul 2021
FANUC SDN BHD (Company No. 165601-T) 1. ADENLAND (CHERAS) SDN BHD (Company No. 895197-H) 2. PRESTASI INFRA BINA SDN BHD (Company No.989966-M)
- Citation
- W-02(NCVC)(W)-1268-07/2019 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- W-02(NCVC)(W)-1268-07/2019 (Mahkamah Rayuan)
On the facts the Court of Appeal held D2 was D1's agent and that D1 was liable for D2's trespass because D1 participated in and acquiesced to the wrongful excavation: D1 failed to supervise as required, produced no evidence from its supervising engineer or clerk of works, paid D2 in full after notice of trespass and later awarded D2 further work — conduct amounting to assent/ratification; the independent contractor defence was not pleaded and could not be relied upon to absolve D1; adverse inference drawn for non‑calling key witnesses; plaintiff entitled to special damages, value of earth, re…