SS MOTOR CENTURY SDN BHD v 1. ) WAWASAN SINAR GEMILANG SDN BHD 2. ) KUA JUINN ONN 3. ) KUA JIUNN YEE 4. ) KUA GUAN CHAI 5. ) PHUN BOOI MOOI
Catchwords
the relationship between D1, D4 and D5 is one of landlord and tenant and vicarious liability cannot attach to D4 and D5 as there is no employer-employee relationship between D1, D4 and D5 - D4 and D5 are not responsible for the operation and maintenance of the machines on the Property. This responsibility lies solely with D1 and D1 is not an agent or servant of D4 and D5 - the Plaintiff has no locus standi to bring the suit against D4 and D5, having subrogated all of its right and remedies for any claim in respect of the fire incident to Takaful Ikhlas and Generali. as a tenant of D1’s Factory, D1 is a servant and/ or agent to the owner of D1’s Factory who are D4 and D5 and therefore, D4 and D5 are vicariously liable to the Plaintiff, D1 was carrying out the works, which led to the fire, with D4’s and D5’s consent; and - the Plaintiff has the right to bring the action against D4 and D5 regardless of the subrogation of rights
Practice Areas
the relationship between D1, D4 and D5 is one of landlord and tenant and vicarious liability cannot attach to D4 and D5 as there is no employer-employee relationship between D1, D4 and D5 as a tenant of D1’s Factory, D1 is a servant and/ or agent to the owner of D1’s Factory who are D4 and D5 and therefore, D4 and D5 are vicariously liable to the Plaintiff, D1 was carrying out the works, which led to the fire, with D4’s and D5’s consent; and
Judges (1)
Case Significance
SS MOTOR CENTURY SDN BHD v 1. ) WAWASAN SINAR GEMILANG SDN BHD 2. ) KUA JUINN... is a High Court (Mahkamah Tinggi) decision dated March 16, 2025 (citation: wa-22ncvc-642-11-2023). The case was decided by Aliza binti Sulaiman.
What was the outcome of SS MOTOR CENTURY SDN BHD v 1. ) WAWASAN SINAR GEMILANG SDN BHD 2. ) KUA JUINN...?
SS MOTOR CENTURY SDN BHD v 1. ) WAWASAN SINAR GEMILANG SDN BHD 2. ) KUA JUINN... is a High Court decision dated March 16, 2025. The case was heard by Aliza binti Sulaiman. See the full judgment for details.