KURNIA EKUITI SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD.
wa-11bncvc-22-06-2025 High Court (Mahkamah Tinggi) 9 December 2025 • WA-11BNCvC-22-06/2025 • 1 min read
Catchwords
Civil Appeal — Appeal against decision of Magistrates’ Court — Standard of review — Whether decision against the weight of evidence — Whether findings of fact perverse or plainly wrong Tort — Negligence — Duty of care — Contractor carrying out excavation works — Damage to underground cables belonging to utility company — Whether contractor exercised reasonable diligence Evidence — Documentary evidence — Utility mapping plan — Unsigned and uncertified document — Admissibility under Part B of the Rules of Court 2012 — Weight and probative value of unauthenticated document — Failure to call maker of document (land surveyor) — Adverse inference Civil Procedure — Trial — Re-examination of witness — Reference to document not disclosed to opposing party and not part of common bundle — Whether document admissible — Exclusion of evidence Pleadings — Burden of proof — Defendant’s entire case predicated on accuracy of utility mapping — Onus on defendant to prove its defence — Failure to discharge onus
Practice Areas
Judges (1)
Case Significance
KURNIA EKUITI SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD. is a High Court (Mahkamah Tinggi) decision dated December 9, 2025 (citation: wa-11bncvc-22-06-2025). The case was decided by Moh Kok Wai.
Key issues: Civil Appeal — Appeal against decision of Magistrates’ Court — Standard of review — Whether decision against the weight of evidence — Whether findings of fact perverse or plainly wrong.
What was the outcome of KURNIA EKUITI SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD.?
KURNIA EKUITI SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD. is a High Court decision dated December 9, 2025. The case was heard by Moh Kok Wai. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-11bncvc-22-06-2025)