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Cases

AHMAD IKHWAN AHMAD FAUZI v. MOHD FAHIMI ENDUT & ORS AND ANOTHER APPEAL
Federal Court, Putrajaya
Abang Iskandar Abang Hashim PCA, Mary Lim Thiam Suan, Abdul Karim Abdul Jalil FCJJ
[Civil Appeal Nos: 01(f)-5-02/2023(T) & 01(f)-6-02/2023(T)]
29 March 2024
[2024] 4 MLRA 91

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.

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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