LAW OF TORTS
Excavation Works – Damages – Underground Cable –
Non-Delegable Duty of Care – Independent Contractors –
Negligence
Hemraj & Co Sdn Bhd v Tenaga Nasional
Berhad
Civil Appeal No. 02(f)-65-11/2021(W)| Federal Court
- see the grounds of judgment here
Facts Tenaga Nasional Berhad
("Respondent") incurred cost and
expenses when they had to carry out emergency repairs and
replacements of its underground cable, which was damaged due to
excavation works carried out by third-party contractors that was
hired by Hemraj & Co Sdn Bhd
("Appellant"), in front of a house that
was owned by the Appellant. It was the Respondent's contention
that since the Appellant had appointed third parties as consultants
and contractors for the excavation works, the Appellant owes the
Respondent, a non-delegable duty of care. The Respondent filed a
claim in the High Court where the learned Judge held that the
Appellant did owe a non-delegable duty of care. Unsatisfied with
this
