28 Oct 2021
SAJ RANHILL SDN BHD (Company No.: 476718-H SWM GREENTECH SDN BHD (Company No.: 1068667-X) 2. SWM ENVIRONMENT SDN BHD (Company No.: 380208-V)
- Citation
- JA- 22NCVC-189-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA- 22NCVC-189-09/2018 (Mahkamah Tinggi)
Although a duty of care to downstream users existed, the court found the primary causes of the pollution incidents were the landfill's location, poor design and owners/local authorities' decisions to exceed capacity; the plaintiff failed to establish that the defendants, as operators, were the effective cause of the damages claimed; alternative torts (Rylands/nuisance) failed for lack of riparian locus and owner liability, breach of statutory duty was not a private cause, and the losses claimed were pure economic loss not recoverable; accordingly the plaintiff's claim was dismissed and costs…