[1] This is a unanimous decision.

The Issues

[2] The appeal before us stemmed from a dispute relating to an industrial building project known as "Projek Skim Bangunan Industri Ringan Bersepadu Pencemaran Bebas" in Seberang Perai Tengah, Pulau Pinang. As its name suggests the project was a special industrial project intended to cater for industries that were likely to produce and discharge environmentally hazardous substances and which may pose environmental risks to living organisms as defined in the Environmental Quality Act 1974 ( EQA ).

[3] This appeal focuses on the practical problems in the law of negligence with regard to the general and consequential issues relating to the duty of care owed by the respondents to the app