PROJEK LEBUHRAYA USAHASAMA BERHAD v 1. ) ZAKARIA BIN HAMID (Bapa kandung kepada simati, AZIZI BIN ZAKARIA) 2. ) GAYAH BINTI DOCHIK ( Ibu kandung kepada simati, AZIZI BIN ZAKARIA)
Catchwords
Practice Areas
Judges (3)
Counsel (6)
Case Significance
PROJEK LEBUHRAYA USAHASAMA BERHAD v 1. ) ZAKARIA BIN HAMID (Bapa kandung kepa... is a Court of Appeal (Mahkamah Rayuan) decision dated September 10, 2025 (citation: a-04ncvcw-444-10-2023). <p>PLUS, the highway concessionaire, appealed against the High Court's finding that it was liable for the death of a motorcyclist who collided with a fallen tree on the highway. The key issue was whether PLUS owed a non-delegable statutory duty under the Federal Roads (Private Management) Act 1984 to maintain the highway in good repair and condition, and whether its patrol system was sufficient. The Court of Appeal dismissed the appeal, affirming PLUS's liability and the quantum of damages inclu The panel comprised Ahmad Zaidi bin Ibrahim, Collin Lawrence Sequerah and Faizah binti Jamaludin, with Faizah binti Jamaludin delivering the judgment. Counsel appearing: Ayleswary a/p Bathamanathan (counsel for respondent), Krishna a/l Dallumah (counsel for appellant), Thirunaaukarasu a/l Thoppasamy (counsel for appellant), Yong Yoong Hui (counsel for appellant).
Summary
PLUS, the highway concessionaire, appealed against the High Court's finding that it was liable for the death of a motorcyclist who collided with a fallen tree on the highway. The key issue was whether PLUS owed a non-delegable statutory duty under the Federal Roads (Private Management) Act 1984 to maintain the highway in good repair and condition, and whether its patrol system was sufficient. The Court of Appeal dismissed the appeal, affirming PLUS's liability and the quantum of damages including the loss of dependency award.
What was the outcome of PROJEK LEBUHRAYA USAHASAMA BERHAD v 1. ) ZAKARIA BIN HAMID (Bapa kandung kepa...?
<p>PLUS, the highway concessionaire, appealed against the High Court's finding that it was liable for the death of a motorcyclist who collided with a ...