Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Indemnity under contract

Legal area

Court

14 Aug 2024

AHMAD FAIZAL BIN AHMAD ZAMZAMI TELEKOM MALAYSIA BERHAD

Citation

B-02(NCvC)(W)-102-01/2023 (Mahkamah Rayuan)
Court

NCvC
Case number

B-02(NCvC)(W)-102-01/2023 (Mahkamah Rayuan)

The Court of Appeal held that the High Court erred in exonerating D1 and D2: D3’s wrongful acts were so closely connected with his role as Maintenance Supervisor that it was fair and just to impute vicarious liability and contractual indemnity under Clause 43.2 to D1 and D2. The Court affirmed D6’s liability at 20% for his limited but knowing participation. Consequently Appeal 112 was allowed (judgment entered against D1 and D2) and Appeal 102 was dismissed.
21 Feb 2020

Sajid Dilwarkhan 1. Ketua Pengarah Jabatan Kerja Raya 2. Kerajaan Malaysia 3. Unik Sejati Sdn Bhd 4. Salam Dutamas Sdn Bhd

Citation

11B-1-01/2019 (Mahkamah Tinggi)
Court

High Court
Case number

11B-1-01/2019 (Mahkamah Tinggi)

The High Court upheld the trial court's factual finding that a pothole caused the accident and held that the defendants, having a statutory duty to maintain the public road, could not escape liability by delegating maintenance to contractors; accordingly the plaintiff's appeal on liability succeeded, and contractual indemnity claims were allowed (defendants against third party; third party against fourth party).