Suffian FJ:

Mr. KR Daniel, the first defendant, was an officer in charge of the PWD Workshop at Batu Pahat. He wanted to buy a car from Wong It Yong, the second defendant, a lady who helped her father, a motor spare parts dealer, in his business. They agreed on the price of car No BR 9663. But before completing the deal the first defendant anted to test the car by using it for one or two days. The second defendant agreed to let him do so.

On 16 June 1959 at about 11 p.m. the first defendant drove the car towards Kluang. At 1 3/4; milestone he collided with an oncoming vehicle. The learned trial Judge held that he had been negligent and awarded damages in favour of the driver and passenger of the on coming vehicle.

The learned trial Judge also held the second defendant vicariously liable for the first defendant's negligence.

The second defendant appealed. The only question for decision in this appeal is - is the owner of the car liable on these facts for the first defendant's negligence?

The law applicable was stated by Mac-Konnon LJ in Hewitt v. Bonvin & Anor. [1940] 1 KB 188, 191 as follows:

If A suffers damage by the wrongful act of B, and seeks to say that C