JUDGMENT

Mary Lim Thiam Suan FCJ:

[1] These appeals concern a most unfortunate event of assault in a residential school, what is frequently referred to as 'school bullying'. Schools of any arrangement are for learning, where a person is educated in the many disciplines and subjects, preparing them for responsibilities, choices and positions in life. These are important formative years where personalities are formed and traits enhanced. It is therefore only reasonable and fair to expect that these places of learning, even if residential facilities are provided, are safe and conducive. In the case of residential schools, the responsibility would obviously be even wider and more extensive.

[2] In these appeals, the appellant, a student of a residential school sued not just the students who assaulted him but also those who were charged with the responsibility of running and managing the residential school. The claim was allowed by the High Court but on appeal, the decision was reversed. After a full hearing, we unanimously allowed the appeal and restored the decision of the High Court but declined to make any award for aggravated or exemplary damages. These grounds contain our reasons for that decision.

The Assault

[3] Sekolah Menengah Sains Sultan Mahmud (SESMA) Kuala Terengganu is a residential school. I understand it is one of the most coveted residential schools in the country, offering secondary education. The appellant together with the first five defendants cited at the High Court, were students at that school.

[4] Between the hours of 10.40pm of 26 April 2015 and 2.00am of the following day, the appellant claimed that he was taken to the Bilik Asrama Ketua Pengawas and Penolong Ketua Pengawas located within the school, where he was repeatedly assaulted by the first five defendants. Both the Ketua Pengawas and the Penolong Ketua Pengawas who were in the room, watched. Although they did not take part in the assault, they did nothing to stop it.