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Cases

HEMRAJ & CO SDN BHD v. TENAGA NASIONAL BERHAD
Federal Court, Putrajaya
Abdul Rahman Sebli, Zabariah Mohd Yusof, Hasnah Mohammed Hashim FCJJ
[Civil Appeal No: 02(F)-65-11-2021(W)]
13 December 2022
[2023] 2 MLRA 25

JUDGMENT

Zabariah Mohd Yusof FCJ:

[1] The appeal before us turns on the decision of the Courts below which found liability against the appellant for negligence premised upon the breach of non-delegable duty of care of the respondent.

[2] Leave to appeal was granted by this Court to the appellant upon the following questions of law:

"Question 1: Whether as a matter of policy, routine residential construction work carried out by a homeowner through its independent contractors is so extraordinarily hazardous as to impose a non-delegable duty of care on the homeowner to a public utilities company, namely TNB for the negligence of those independent contractors?

Question 2: If the answer to the 1st question is in the negative, whether there is a special relationship between the homeowner and TNB which satisfies the criteria of the "2nd category" described in Woodland v. Essex County Council [2014] 1 All ER 482 such as to impose a non-delegable duty of care on the homeowner in respect of the negligence of its independent contractors?

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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