SHH CONSTRUCTION SDN BHD v 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) SOMASUNTHARAM A/L SHANMUGADASS

wa-25-220-05-2024 High Court (Mahkamah Tinggi) 11 June 2025 • WA-25-220-05/2024 • 25 min read

24 cases cited (0 SG, 24 foreign)

Catchwords

1. The Applicant seeks leave to commence a Judicial Review application to challenge a decision made by the Industrial Court, IC Award No: 230 of 2024 dated 07.02.2024 under O.53 Rules of Court 2012. The IC held, the Second Respondent (R2) was dismissed with no cause. However, the IC also found that R2 was contributorily negligent (in creating disharmony at the workplace) and ordered a deduction of 50% of the computed compensation (RM165,000.00 - RM82,500.00), and awarded RM82,500.00 to R2. 2. On 12.06.2025, I hold that this leave application has no merit, and it was dismissed with costs.

Judges (1)

Hayatul Akmal binti Abdul Aziz Delivered

Counsel (5)

K Nadarajah & Partners Firm Mah Weng Kwai & Associates Firm Carolyn Ng Counsel Applicant Chua Zhuo Ling Counsel Applicant Yasmin Anne Raj Counsel Respondent

Parties (3)

MAHKAMAH PERUSAHAAN MALAYSIA Respondent SHH Construction Sdn Bhd Applicant Somasuntharam a/l Shanmugadass Respondent

Case Significance

SHH CONSTRUCTION SDN BHD v 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) SOMASUNTHAR... is a High Court (Mahkamah Tinggi) decision dated June 11, 2025 (citation: wa-25-220-05-2024). The case was decided by Hayatul Akmal binti Abdul Aziz.

Key issues: 2. On 12.06.2025, I hold that this leave application has no merit, and it was dismissed with costs..

What was the outcome of SHH CONSTRUCTION SDN BHD v 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) SOMASUNTHAR...?

SHH CONSTRUCTION SDN BHD v 1. ) MAHKAMAH PERUSAHAAN MALAYSIA 2. ) SOMASUNTHAR... is a High Court decision dated June 11, 2025. The case was heard by Hayatul Akmal binti Abdul Aziz. See the full judgment for details.

Statutes Cited

Industrial Relations Act 1967 (Cap 177)

IR Act

s 33C

Rules of Court 2012

Cases Cited (24)

UK (2)

[1948] 1 KB 223 [1985] AC 37

MY (22)

[1991] 1 MLJ 417 [1995] 2 MLJ 753 [1995] 3 CLJ 344 [1995] 4 CLJ 449 [1997] 1 CLJ 665 [1997] 1 MLJ 145 [1997] 1 MLJ 789 [1997] 2 CLJ 11 [2003] 4 CLJ 625 [2004] 2 MLJ 288 [2008] 2 MLJ 137 [2010] 6 MLJ 1 [2011] 6 MLJ 490 [2012] 4 CLJ 478 [2012] 4 MLJ 296 [2013] 6 AMR 338 [2013] 6 MLJ 605 [2013] 9 CLJ 409 [2024] 11 MLJ 815 [2024] 4 MLJ 436 [2024] 6 CLJ 716 [2024] 6 CLJ 716675

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-25-220-05-2024)