PENGUKUHAN NS SDN BHD v 1. ) TELEKOM MALAYSIA BERHAD 2. ) RIDZUAN BIN IBNI HAJAR

ba-12bncvc-15-02-2025 High Court (Mahkamah Tinggi) 26 August 2025 • BA-12BNCvC-15-02/2025

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

Practice Areas

Judges (1)

Elaine Yap Chin Gaik Delivered

Parties (3)

PENGUKUHAN NS Sdn Bhd Appellant Telekom Malaysia Berhad Respondent Ridzuan bin Ibni Hajar Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-12bncvc-15-02-2025)