JUDGMENT

Lee Swee Seng J:

[1] The part of a pedestrian bridge linking KL Eco City to Mid Valley across the Klang river collapsed at about 3.20pm on 30 November 2016 when it was being constructed. The collapse was catastrophic with casualties; it caused one fatality and 2 others lost their limbs with 1 still unaccounted for as in still missing.

[2] The part that collapsed ("the bridge") is more particularly the link called LB1 which links the Mid Valley end sitting on POD 2 to POD 1 facing the KL Eco City. LB2 is another curve bridge connecting POD 1 to a Retail Hub and LB3 is a straight bridge that connects the Retail Hub to the KL Eco City end.

[3] The question that has to be answered is who caused the collapse of the curve pedestrian bridge.

Parties

[4] The plaintiff is the developer/owner of a mixed development project in joint venture with Datuk Bandaraya Kuala Lumpur ("DBKL"). It said the fault is that of the first defendant ("D1") Tuck Sin Engineering & Construction Sdn Bhd ("Tuck Sin") who is the contractor for the bridge appointed under the PAM Conditions of Contract with Amendments and the second defendant ("D2") Hercules Engineering (SEA) Sdn Bhd ("Hercules") who designed and f