DSV SOLUTIONS (DC) SDN BHD v SRI BAYANAEMAS (BUTTERWORTH) SDN BHD

pa-22ncvc-12-01-2024 High Court (Mahkamah Tinggi) 17 August 2025 • PA-22NCvC-12-01/2024

Catchwords

- Full Trial – Claim by Plaintiff who rented warehouse from Defendant; - Robbery at Plaintiff’s warehouse – Plaintiff claiming losses of RM4,627,198.70 from the alleged breach of tenancy and/or negligence of Defendant’s agents; - whether there was an express or implied duty on the part of the Defendant to provide security for the premises generally and/or Plaintiff’s warehouse and whether there was vicarious liability; - Court finds that there is an implied duty on the Defendant as landlord to provide some form of security for the general premises but not for the Plaintiff’s warehouse especially since the Plaintiff had engaged their own security for their warehouse. - The Court finds the Defendant had provided adequate security for the premises and were not liable for the incident and therefore not required to indemnify the Plaintiff for their losses. - Plaintiff’s claim dismissed with costs.

Practice Areas

Judges (1)

Anand Ponnudurai Delivered

Parties (2)

DSV SOLUTIONS Sdn Bhd Plaintiff SRI BAYANAEMAS (BUTTERWORTH) Sdn Bhd Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (pa-22ncvc-12-01-2024)