PUNCAK NIAGA CONSTRUCTION SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD. (yang telah mengambil alih hak Aset-Aset dan Liabiliti-Liabiliti Telekom Malaysia Berhad melalui Perintah bertarikh 21.2.2023 dan berkuatkuasa pada 1.3.2023)
wa-12bncvc-46-05-2025 High Court (Mahkamah Tinggi) 11 December 2025 • WA-12BNCvC-46-05/2025 • 2 min read
Catchwords
The Appellant contractor was held liable for RM254,031.50 in damages for breaching its duty of care by failing to conduct utility mapping and notify the Respondent telecommunications provider before commencing excavation works. The court ruled that contractors cannot delegate their duty of care through sub-contractors and remain directly liable for failing to implement proper safeguards. Causation and quantum were established on a balance of probabilities. Negligence; duty of care; construction works; vicarious liability; independent contractor; breach of duty
Judges (1)
Parties (1)
Case Significance
PUNCAK NIAGA CONSTRUCTION SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD. (yang ... is a High Court (Mahkamah Tinggi) decision dated December 11, 2025 (citation: wa-12bncvc-46-05-2025). The case was decided by Arziah binti Mohamed Apandi.
Key issues: Negligence; duty of care; construction works; vicarious liability; independent contractor; breach of duty.
What was the outcome of PUNCAK NIAGA CONSTRUCTION SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD. (yang ...?
PUNCAK NIAGA CONSTRUCTION SDN. BHD. v TM TECHNOLOGY SERVICES SDN. BHD. (yang ... is a High Court decision dated December 11, 2025. The case was heard by Arziah binti Mohamed Apandi. See the full judgment for details.
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-12bncvc-46-05-2025)