JUDGMENT

Zulqarnain Hassan SCJ:

Background

[1] Today is for judgment. The Court would like to thank the learned solicitors for all the parties for the submissions duly filed.

[2] This case revolves around the collapse of a tower crane No 5 [TC5] on the 6th floor of a building construction at Jalan Ampang, Kuala Lumpur on 15 June 2014.

[3] The plaintiff's claim was made on behalf of the insurance company [MSIG Insurance Berhad] by way of subrogation against the defendants.

[4] In brief, due to the collapse of TC5, the plaintiff prayed from this Court the sum of RM800,431-14 as damages.

[5] The first and second defendant [D1 and D2] filed a third party summons against the first and second third parties [1TP and 2TP].

[6] The third parties also counter claimed against D1 and D2.

M-City Project - Jalan Ampang

[7] Oasis Garden Development Sdn Bhd was the employer for the project of proposed 37 storey M-City service apartments at Jalan Ampang, Kuala Lumpur.

[8] The project started on 17 July 2012 and was scheduled to complete on 16 May 2015. All the parties were involved in the project.

[9] The plaintiff was in the business of civil engineering and the main contractor for the project.

[10] The plaint