13 Jan 2023
SAJ RANHILL SDN. BHD. 1. ) SWM GREENTECH SDN. BHD. 2. ) SWM ENVIRONMENT SDN. BHD.
- Citation
- J-02(NCvC)(W)-2216-11/2021 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- J-02(NCvC)(W)-2216-11/2021 (Mahkamah Rayuan)
The Court held that the leachate spillage from the respondents' landfill was the proximate and effective cause of the ammonia pollution and WTP shutdowns and that the respondents therefore breached their duty of care in negligence; however, because the Appellant's losses were pure economic loss absent pleaded physical or property damage, only nominal damages were appropriate; appeal allowed on liability and nominal damages of RM100,000 with costs RM100,000 awarded.