26 Apr 2022
SAFETAGS SOLUTION SDN. BHD BERJAYA SOMPO INSURANCE BERHAD
- Citation
- BA-12BC-10-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BC-10-05/2021 (Mahkamah Tinggi)
High Court held the Sessions Court draft may lawfully have been transmitted by a court officer under SCA s101B read with the Rules of Court and did not render the judgment void; OSHA s59 precludes a standalone tort of breach of statutory duty under Part IV so claimant's case proceeded on common law torts; occupier's liability and negligence were established against Safetags and Rexallent (res ipsa loquitur applicable, factual findings as to control, invitee status and unusual danger upheld) and apportionment 80:20 was justified by degree of control; appellants could not rely on s31 SOCSO wher…