KURNIA EKUITI SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD.
wa-11bncvc-22-06-2025 High Court (Mahkamah Tinggi) 9 December 2025 • WA-11BNCvC-22-06/2025 • 1 min read
Catchwords
Civil Appeal — Appeal against decision of Magistrates’ Court — Standard of review — Whether decision against the weight of evidence — Whether findings of fact perverse or plainly wrong Tort — Negligence — Duty of care — Contractor carrying out excavation works — Damage to underground cables belonging to utility company — Whether contractor exercised reasonable diligence Evidence — Documentary evidence — Utility mapping plan — Unsigned and uncertified document — Admissibility under Part B of the Rules of Court 2012 — Weight and probative value of unauthenticated document — Failure to call maker of document (land surveyor) — Adverse inference Civil Procedure — Trial — Re-examination of witness — Reference to document not disclosed to opposing party and not part of common bundle — Whether document admissible — Exclusion of evidence Pleadings — Burden of proof — Defendant’s entire case predicated on accuracy of utility mapping — Onus on defendant to prove its defence — Failure to discharge onus
Practice Areas
Judges (1)
Case Significance
KURNIA EKUITI SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated December 9, 2025 (citation: wa-11bncvc-22-06-2025). The case was decided by Moh Kok Wai.
Key issues: Civil Appeal — Appeal against decision of Magistrates’ Court — Standard of review — Whether decision against the weight of evidence — Whether findings of fact perverse or plainly wrong.
What was the outcome of KURNIA EKUITI SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD.?
KURNIA EKUITI SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD. is a High Court decision dated December 9, 2025. The case was heard by Moh Kok Wai. See the full judgment for details.