CHEGNE PECK PENG v HICOM-GAMUDA DEVELOPMENT SDN BHD

ba-22ncvc-300-07-2023 High Court (Mahkamah Tinggi) 28 August 2025 • BA-22NCvC-300-07/2023 • 50 min read

21 cases cited (0 SG, 21 foreign)

Catchwords

TORT: The plaintiff’s claim is against the defendant for negligence in constructing the retaining wall in 2005 with an inadequate factor of safety (FoS) which caused to its collapse on 6.12.2018 – The property is situated on sloping terrain directly adjacent to a pond within the Kota Permai Golf and Country Club - All four experts reached a consensus in Bundle L, agreeing that the retaining wall collapsed due to a rise in the groundwater level behind it - Bundle L does not constitute technical evidence, as some parts are inconclusive and the Court has a duty to determine the findings of fact - Whether the Defendant owes a duty of care to the Plaintiff as pleaded in paragraph 26 of the Statement of Claim dated 16.11.2021 - Whether the Defendant had breached its duty of care owed to the Plaintiff as pleaded in paragraph 27 of the Statement of Claim - Whether the Defendant failed to construct the Retaining Wall with a sufficient FOS value, resulting in its collapse on 6.12.2018 - Whether the plaintiff can rely on the doctrine of res ipsa loquitur. EVIDENCE LAW: Burden of proof - Sections 101 and 102 of the Evidence Act 1950

Judges (1)

Hazizah binti Kassim Delivered

Counsel (6)

Clinton Tan Firm Raj, Ong & Yudistra Firm Clinton Tan Kian Seng Counsel Plaintiff Harishdeep Singh Counsel Plaintiff Joshua Ho Fung Lym Counsel Defendant Nurul Hanan Azamuddin Counsel Defendant

Parties (2)

HICOM-GAMUDA DEVELOPMENT Sdn Bhd Defendant Chegne Peck Peng Plaintiff

Case Significance

CHEGNE PECK PENG v HICOM-GAMUDA DEVELOPMENT SDN BHD is a High Court (Mahkamah Tinggi) decision dated August 28, 2025 (citation: ba-22ncvc-300-07-2023). The case was decided by Hazizah binti Kassim.

Key issues: EVIDENCE LAW: Burden of proof - Sections 101 and 102 of the Evidence Act 1950.

What was the outcome of CHEGNE PECK PENG v HICOM-GAMUDA DEVELOPMENT SDN BHD?

CHEGNE PECK PENG v HICOM-GAMUDA DEVELOPMENT SDN BHD is a High Court decision dated August 28, 2025. The case was heard by Hazizah binti Kassim. See the full judgment for details.

Statutes Cited

Evidence Act

s 102

Evidence Act 1950 (Cap 56)

s 101 s 451(1)

Evidence Enactment

s 102

Cases Cited (21)

UK (2)

[1936] 1 KB 697 [1990] 2 AC 605

MY (18)

[1939] 1 MLJ 253 [1981] 1 MLJ 139 [1984] 2 MLJ 19 [1998] 4 MLJ 525 [2006] 3 MLJ 213 [2008] 2 MLJ 233 [2009] 7 MLJ 681 [2014] MLJU 1913 [2015] 4 MLJ 734 [2015] 7 CLJ 1008 [2015] 9 CLJ 677 [2016] 3 CLJ 741 [2017] 4 MLJ 697 [2017] 5 CLJ 418 [2017] 5 MLJ 292 [2017] MLJU 1765 [2018] 5 MLJ 561 [2023] MLJU 2605

IN (1)

AIR 1964 SC 136

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-22ncvc-300-07-2023)