TM TECHNOLOGY SERVICES SDN BHD v PESTECH SDN BHD

wa-22ncvc-488-08-2023 High Court (Mahkamah Tinggi) 11 December 2025 • WA-22NCvC-488-08/2023 • 46 min read

4 cases cited (0 SG, 4 foreign)

Catchwords

Whether the Defendant has negligently caused damage towards the cables and/ or infrastructures owned by TMB and/ or the Plaintiff at the said Location on 1.10.2020 - Whether the Defendant has admitted its liability for the damage towards the cables and/ or infrastructures owned by TMB and/ or the Plaintiff at the said Location - Whether Plaintiff was negligent by failing to label the location of the cables, thereby contributing to the damage - Whether the Defendant is liable to pay the Plaintiff the full sum of RM1,170,654.85 as the cost of rectification works -

Practice Areas

Whether the Defendant has negligently caused damage towards the cables and/ or infrastructures owned by TMB and/ or the Plaintiff at the said Location on 1.10.2020

Judges (1)

Aliza binti Sulaiman Delivered

Counsel (7)

Arulampalam & Co. Firm Rahman Rohaida Firm Arulampalam Mariampillai Counsel Defendant Chong Ian Shin Counsel Defendant Habizan Habeeb Rahman Counsel Plaintiff Munirah Arshad Counsel Plaintiff Thevini Nayagam Counsel Plaintiff

Parties (2)

PESTECH Sdn Bhd Defendant TM TECHNOLOGY SERVICES Sdn Bhd Plaintiff

Case Significance

TM TECHNOLOGY SERVICES SDN BHD v PESTECH SDN BHD is a High Court (Mahkamah Tinggi) decision dated December 11, 2025 (citation: wa-22ncvc-488-08-2023). <p>TM Technology Services sued Pestech for RM1.17 million in damages for negligently damaging underground telecommunications cables during drilling works at Jalan Enggang, Ampang, pursuant to a joint venture project. The High Court allowed the claim in full, finding the defendant was negligent in failing to identify and avoid the cables, and the plaintiff sufficiently proved the rectification costs through oral and documentary evidence.</p> The case was decided by Aliza binti Sulaiman. Counsel appearing: Arulampalam Mariampillai (counsel for defendant), Chong Ian Shin (counsel for defendant), Habizan Habeeb Rahman (counsel for plaintiff), Munirah Arshad (counsel for plaintiff), Thevini Nayagam (counsel for plaintiff).

Summary

TM Technology Services sued Pestech for RM1.17 million in damages for negligently damaging underground telecommunications cables during drilling works at Jalan Enggang, Ampang, pursuant to a joint venture project. The High Court allowed the claim in full, finding the defendant was negligent in failing to identify and avoid the cables, and the plaintiff sufficiently proved the rectification costs through oral and documentary evidence.

What was the outcome of TM TECHNOLOGY SERVICES SDN BHD v PESTECH SDN BHD?

<p>TM Technology Services sued Pestech for RM1.17 million in damages for negligently damaging underground telecommunications cables during drilling wo...

Statutes Cited

Evidence Act 1950 (Cap 56)

s 114(g)

Cases Cited (4)

MY (4)

[1995] 4 CLJ 155 [2015] 2 CLJ 453 [2019] 3 CLJ 182 [2021] 1 CLJ 499