Pengukuhan Ns Sdn Bhd v 1. ) Ridzuan Bin Ibni Hajar (BA-12BNCvC-15-02/2025)

High Court of Malaysia27 Aug 2025

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06/10/2025 12:36:42 BA-12BNCvC-15-02/2025 Kand. 39

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 27 Aug 2025
Case number: BA-12BNCvC-15-02/2025
Coram: YA Puan Elaine Yap Chin Gaik
Practice area: Appeal after full trial – Tort – Negligence – Property damage – Damage of underground optical fibre cables owned by the Plaintiff – Duty of care – Allegation on the absence of external cable marker to alert the presence of underground cables – Foreseeability – Sufficient proximity between parties – Public policy considerations – Breach of duty – Third party proceeding – Whether third party is the principal’s agent or independent contractor – Principal-agent relationship – The principal vicariously liable – Third party indemnity – Absence of indemnity clause in the contract – Contributory negligence – Whether it was pleaded – The Plaintiff found to be contributorily negligent – Damages – Measure of damages – Proof of damage – Special damages – Onus of proof lies with the one who claimed – Whether self-serving documents sufficient to prove damages
Version: Alasan Penghakiman 1
Published: 6 Oct 2025
Source ID: 5d79e3a0-7dbf-451d-b5b3-dcb004791447

Catchwords

Appeal after full trial – Tort – Negligence – Property damage – Damage of underground optical fibre cables owned by the Plaintiff – Duty of care – Allegation on the absence of external cable marker to alert the presence of underground cables – Foreseeability – Sufficient proximity between parties – Public policy considerations – Breach of duty – Third party proceeding – Whether third party is the principal’s agent or independent contractor – Principal-agent relationship – The principal vicariously liable – Third party indemnity – Absence of indemnity clause in the contract – Contributory negligence – Whether it was pleaded – The Plaintiff found to be contributorily negligent – Damages – Measure of damages – Proof of damage – Special damages – Onus of proof lies with the one who claimed – Whether self-serving documents sufficient to prove damages

Parties

PENGUKUHAN NS SDN BHD - appellant - ejudgment_parties
1. ) RIDZUAN BIN IBNI HAJAR - respondent - ejudgment_parties
2. ) TELEKOM MALAYSIA BERHAD - respondent - ejudgment_parties

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Catchwords