26 Apr 2022
REXALLENT CONSTRUCTION SDN. BHD MSIG INSURANCE (MALAYSIA) BERHAD
- Citation
- BA-12BC-5-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BC-5-05/2021 (Mahkamah Tinggi)
(1) Transmission of the Sessions Court draft judgment by the court interpreter via email was lawful under SCA s101B and Rules of Court when exercised by the judge; (2) factual findings by the Sessions Court that Rexallent and Safetags were co-occupiers, that the incident occurred at a safe access, and that an unusual danger caused injury were not plainly wrong; res ipsa loquitur applied and negligence and occupier liability were established; (3) SOCSO s31 could not be invoked on appeal where it was not pleaded; (4) MSIG was entitled to rely on its policy exception excluding liability to emplo…