Malaysia Case Law: Decisions & Judgments

Topic

Res ipsa loquitur

Legal area

Court

12 Mar 2026

SOCAR MOBILITY MALAYSIA SDN BHD 1. ) GOBALAN A/L ARUMUGAM, SEBAGAI BAPA YANG SAH DAN PENANGGUNGAN KEPADA PAVITHRA DEIWI A/P GOBALAN, SIMATI, UNTUK DIRI SENDIRI 2. ) AANATHAVALI A/P SUBRAMANIAM, SEBAGAI IBU YANG SAH DAN PENANGGUNGAN KEPADA P

Citation

JA-12B-25-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-25-04/2025 (Mahkamah Tinggi)

On the balance of probabilities the accident was caused by catastrophic brake failure; res ipsa loquitur and the adverse inference under s114(g) Evidence Act 1950 were properly applied against the owner who had custody and disposed of the vehicle; owner owed a direct duty of care to passengers; apportionment of liability at 90% to SOCAR and 10% to driver was justified; Respondents' cross-appeal on quantum succeeded in part awarding P5 RM83,160 for loss of actual earnings and RM399,168 for loss of earning capacity; interest and costs orders as specified.
5 Jan 2026

LEIKA SDN BHD TM TECHNOLOGY SERVICES SDN BHD (yang telah mengambilalih hak-hak, aset-aset dan liabiliti-liabiliti Telekom Malaysia Berhad melalui Perintah Mahkamah bertarikh 21.2.2023)

Citation

BA-12BNCvC-34-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCvC-34-06/2025 (Mahkamah Tinggi)

The Sessions Court’s factual findings—based on the Appellant’s admission of excavation, contemporaneous discovery of cable damage, absence of other excavators, admissible business records and witness evidence—supported an inference under res ipsa loquitur shifting the evidential burden to the Appellant which it failed to rebut; therefore the Appellant was liable and the damages proved on a balance of probabilities and appellate interference was unjustified.
8 Dec 2025

YONG SHUI TIAN MAJLIS PERBANDARAN LANGKAWI BANDARAYA PELANCONGAN

Citation

K-01(NCvC)(W)-36-01/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

K-01(NCvC)(W)-36-01/2024 (Mahkamah Rayuan)

Pantai Chenang beach is within the respondent's administrative area as declared in the Kedah Gazette; s.101 LGA 1976 imposes a statutory duty and duty of care on the local authority to supervise, maintain and remove trees that may endanger public safety including trees on private or State land; respondent breached that duty by failing to supervise or maintain coconut trees on Pantai Chenang beach, and is therefore wholly liable for the appellant's injuries; High Court judgment dismissing claim was set aside and matter remitted for assessment of damages.
10 Nov 2025

1. ) MOHD RAHIME FAUZE BIN ABDUL RAHMAN 2. ) FATIMAH BINTI ALI SYARIKAT AIR TERENGGANU SDN BHD

Citation

TA-A53-6-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53-6-10/2023 (Mahkamah Sesyen)

On the balance of probabilities the court found Defendant liable for negligence and nuisance for allowing contractor operations to release water onto Plaintiffs' lower‑lying property; causation was established by witness evidence and contemporaneous photos/videos; however quantum required reduction because Plaintiffs failed to strictly prove several special items and did not call expert evidence; court awarded two‑thirds of the quoted repair cost for the kitchen (RM27,270), awarded specified ancillary special expenses (RM2,500 for repairs/cleaning, RM800 valuation report, RM200 police/photos)…
29 Aug 2025

CHEGNE PECK PENG HICOM-GAMUDA DEVELOPMENT SDN BHD

Citation

BA-22NCvC-300-07/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-300-07/2023 (Mahkamah Tinggi)

Plaintiff failed to discharge the legal burden to prove the defendant constructed the retaining wall with an inadequate factor of safety that caused its collapse; although experts agreed collapse was due to a rise in groundwater, the plaintiff did not prove the groundwater source or establish that the wall had a FOS of ~0.997 since construction, failed to produce design documents and other material evidence, and renovations by the plaintiff constituted an intervening factor; res ipsa loquitur did not apply. Claim dismissed with costs.
22 Aug 2025

KAMARULNIZAM BIN AZIZ 1. ) MOHD JEFREE BIN MAT DAUD 2. ) SYARIKAT PENGANGKUTAN S.P.Y. SDN.BHD 3. ) RIZAL NISHAM BIN RAMLI 4. ) TCS TRANSPORT AGENCY (M) SDN.BHD

Citation

CA-A53KJ-11-01/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-11-01/2023 (Mahkamah Sesyen)

On the balance of probabilities the physical evidence (tyre marks and post‑accident vehicle positions), credible eyewitness SD2 and inconsistencies in investigative hearsay established that defendants 1 and 2 negligently caused the collision by encroaching into the plaintiff's lane; the court rejected a 50:50 split and held defendants 1 & 2 100% liable. The court applied established principles on assessing conflicting versions, required specific proof for special damages but allowed awards where evidence or common sense justified nominal or quantified sums, ordered specified awards for specia…
18 Jul 2025

ASMA BINTI AHMAD SHARIFF TIARA MANAGEMENT CORPORATION

Citation

BA-12B-139-12/2024 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-139-12/2024 (Mahkamah Tinggi)

Section 59(1)(a) and (i) of the Strata Management Act 2013 do not, on their proper construction, impose a standalone statutory duty on a management corporation to establish or maintain a system of safety and security for residents; implementation of such measures is effected by by-laws or collective decisions (eg special resolution); plaintiff failed to prove breach or control necessary for res ipsa loquitur and failed to prove quantum; appeal dismissed.
14 Jul 2025

TELEKOM MALAYSIA BERHAD 1. ) PUNCAK NIAGA CONSTRUCTION SDN. BHD. 2. ) GENBINA SDN. BHD.

Citation

WA-A52NCvC-219-03/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-219-03/2022 (Mahkamah Sesyen)

On the balance of probabilities the court found plaintiff owned the cables, the excavation works carried out by defendants at the identified location caused the damage, Defendant 1 had knowledge and supervisory responsibility and failed to ensure reasonable precautions by the subcontractor, thus Defendant 1 is vicariously and jointly liable; plaintiff proved quantum predominantly by contractor invoices and internal records accepted under s.90A, entitling plaintiff to RM286,448.75, interest at 5% from 19/9/2019 and costs RM10,000.
23 Apr 2025

1. ) GAYATHRI A/P MARIMUTHU 2. ) MARIMUTHU A/L PONNAN 3. ) GRACEY A/P D. MAISAK 1. ) Yogga Raj A/l Munusamy 2. ) Dr Muhammad Redzuan 3. ) Firdaus Bin Ismail 4. ) Muhammad Izani Haikhal Bin Ramli 5. ) Raslin Bin Tungu 6. ) Mohd Idris Bin Ham

Citation

WA-21NCvC-70-05/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-70-05/2022 (Mahkamah Tinggi)

Plaintiffs failed to prove on the balance of probabilities that defendants breached a duty of care or statutory duty causing the deceased's death: the sole plaintiff witness's testimony conflicted with pleadings and was unreliable; plaintiffs failed to produce contemporaneous medical or prison records and did not pursue disclosure; res ipsa loquitor did not apply to the factual matrix. Consequently liability was not established and claim dismissed.
11 Apr 2025

KHY FOODS AND BEVERAGES SDN BHD PLAZA MONT' KIARA MANAGEMENT CORPORATION

Citation

WA-A53-14-05/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A53-14-05/2023 (Mahkamah Sesyen)

Defendant, as occupier/controller of the premises and the tree, owed a duty of care which it breached by failing to take reasonable steps to identify and remediate known risks (complaints and fungal growth); the collapse could not be explained solely by weather and res ipsa loquitur applies; exclusion clauses were not incorporated or effective (not brought to Plaintiff's attention and contrary to s29 Contracts Act), therefore Defendant liable for proven repair costs and party-party costs; no exemplary damages awarded.