Raja Azlan Shah CJ (Malaya):

This is an appeal from the decision of the High Court, Penang in an action for damages for personal injuries in which the present respondent is the plaintiff and present appellants are defendants. The learned Judge found for the plaintiff and awarded RM34,000 as agreed damages. The trial proceeded on the issue of liability.

The claim was based on the negligence of the appellants in having erected and maintained a terminal steel pole more commonly known as H-pole which carried high-voltage electric wires immediately adjoining an unfenced public foot-path in a padi field in Bayan Lepas, Penang (opposite the international airport) which H-pole and wires constituted a dangerous hazard and allurement to the respondent and for breach of statutory duty under the Electricity Regulations 1951 (LN 406/51). The defence was a bare denial of negligence and breach of statutory duty but in the course of the arguments before the learned Judge and repeated before us, the main contention was that the respondent was a trespasser and therefore the relationship of occupier/trespasser fell into consideration. The learned trial Judge decided the case on the basis tha