11 Nov 2021
AA-11B-5-05/2020 (Mahkamah Tinggi)
- Citation
- AA-11B-5-05/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AA-11B-5-05/2020 (Mahkamah Tinggi)
The High Court held that the Magistrates' Court lacked statutory power to make declaratory orders because the Subordinate Courts Act expressly omits that power for Magistrates' Courts; accordingly the Magistrate's declaratory finding was struck down, and on the merits the club was entitled to rely on its exclusion clauses and the volenti defence and the respondent failed to prove vicarious liability or future treatment, so the appeal was allowed with costs.