The court established that the doctrine of res ipsa loquitur applies, shifting the burden of proof to the defendants, who were found negligent in a maritime collision.

Atan Mustaffa Yussof Ahmad J:

[1] It was a balmy Saturday evening in August at Port Klang. The bustling jetty was alive with activity as the clock neared 6:15 pm. Boats bobbed gently at their moorings, while passengers hurried to and fro. Among them was a woman waiting to board a boat for her journey. Little did she know that in mere moments, her life would be changed forever by a terrible collision on the water.

[2] Two speed boats, one piloted by one defendant and the other by another, were on a collision course. Perhaps it was haste, perhaps carelessness. Whatever the reason, in the blink of an eye, they crashed together with sickening force. The unfortunate passenger bore the brunt of the impact, suffering grievous head injuries that would rob her of her health, her career, and her independence.

[3] Now she comes before this court, through her devoted husband, seeking justice and recompense for all she has lost. It falls to this court to unravel the events of that fateful evening, to determine who must bear responsibility for this tragic accident. At its heart, this is a case about a woman whose life was shattered in an instant, and who deserves to be made whole again.

Background Facts

[4] The events leading to the trial began on 15 August 2015, when a significant maritime collision occurred between two boats near Port Klang. On this day, the 1st Plaintiff Tan Wek Piau, ("Madam Tan") was a passenger on a boat registered as BPK 855P ("the 1st Boat"). The boat, operated by the 7th Defendant, was part of a fleet owned by the 1st Defendant, a partnership trading under the name "Hin Wong Huat Speed Boat," with the 2nd to 7th Defendants being partners in this business. The boat was en route from Port Klang to Pulau Ketam when the incident took place.

[5] As the 1st Boat was departing from Jeti Pelabuhan Klang ("the Jetty"), it collided with another boat, registered as BPK 872P ("the 2nd Boat"). The 2nd Boat was operated by the 8th Defendant. It was en route from Jeti Hailam, Port Klang, to Jeti Muhibbah, Port Klang, at the time of the incident.

[6] The collision was a result of both boats operating at high speeds, a fact later confirmed during the investigation. The 1st Boat departed at an unusually high speed and took a route different from its usual path, moving closer to a nearby ferry. Meanwhile, the 2nd Boat, approached the area, leading to the collision. The operator of the 2nd Boat claimed that the 1st Boat had suddenly entered its path without proper signaling or ensuring a clear passage, which contributed to the incident.

[7] Following the collision, Madam Tan sustained life-threatening injuries, particularly severe head trauma. These injuries included a left temporal hemorrhage, subarachnoid hemorrhage, fractures of the temporal bone, and cerebral edema. Madam Tan was initially treated at Hospital Tengku Ampuan Rahimah, where emergency surgeries were performed to manage the critical condition. Madam Tan was later transferred to Sunway Medical Centre for further treatment and recovery. Despite the extensive medical care, Madam Tan continued to suffer from significant cognitive and speech impairments, as well as physical limitations.

[8] The 2nd Plaintiff, Madam Tan's husband, Heng Tong Xhau @ Chia Tong Hau, is appointed as her litigation representative. This appointment was made pursuant to an order dated 8.10.2018 by the court. The role of the 2nd Plaintiff is to represent Madam Tan in the legal proceedings due to her inability to manage her own affairs as a result of the severe injuries sustained from the collision.

Parties' Respective Cases

The Plaintiffs' Pleaded Case

[9] The Plaintiffs' case is summarised below.

[10] The collision was caused by the negligence of the 7th Defendant and/or 8th Defendant in operating their respective speed boats. Particulars of negligence are pleaded against both operators, including failing to maintain safe distances, failing to give proper warnings/signals, failing to give way, failing to