Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Duty of care and causation

Legal area

Court

6 Jan 2025

RAZIF BIN ZAINOL ABIDIN Majlis Perbandaran Selayang

Citation

BA-21NCvC-19-04/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-21NCvC-19-04/2023 (Mahkamah Tinggi)

Court found duty and breach established (Defendant acted negligently in destroying the service book) but Plaintiff failed to prove causation and actual legal damage: pension loss was unsupported by the Pension Act and Plaintiff had waived aggregation rights by voluntary resignation; mental distress claim was not properly pleaded or proved. Consequently no compensable damage was established and the claim was dismissed; remedial orders to reconstruct/produce the service book became academic.
4 Oct 2024

Palaniammal d/o Parasuraman 1. ) Swissmed Sdn Bhd 2. ) Oculentis BV PENCELAH Kerajaan Malaysia

Citation

WA-22NCvC-672-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCvC-672-10/2020 (Mahkamah Tinggi)

Plaintiffs failed to prove a contractual relationship or direct supply necessary for implied guarantees under ss32/33 CPA; the distributor established that the defect (opacification) was not reasonably discoverable with the state of scientific knowledge prior to 2017 (s72(1)(d) defence), the distributor did not owe or breach a duty of care causally linked to the plaintiffs' vision loss, and there was no basis for breach of contract, misrepresentation or agency liability — claims dismissed with costs.