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2018 MarsdenLR 2609

FEDERAL COURT PUTRAJAYA
TENAGA NASIONAL MALAYSIA – Appellant
Versus
BATU KEMAS INDUSTRI SDN BHD & ANOTHER APPEAL – Respondent


Petitioner Advocates:Cyrus Das,Nadzarin Wok Nordin,David Mathew,Wong Jing En,Norhani Nordin ,Respondent Advocate: Malik Imtiaz Sarwar,Chan Wei June,Yusfarizal Yussoff,Ahmad Edham Abdulwani,Abdullah Zubayr Awaluddin,Azeel Iskandar Azmi

Table of Content
1. key factual context of the appeals involving power disruption. (Para 1 , 2 , 3)
2. trial court's findings on negligence and contributory factors. (Para 4 , 5)
3. court of appeal's evaluation of duty of care and negligence. (Para 6 , 11)
4. legal principles established regarding economic loss and duty of care. (Para 10 , 25 , 33)
5. final decision on liability and assessment of damages. (Para 88)
Jeffrey Tan FCJ:

[1] These appeals arose from the decision of the Court of Appeal dated 2 July 2015 which reversed the decision of the trial Court and allowed all claims by the plaintiff. For ease of reference, we would refer to the parties as plaintiff (Batu Kemas Industri Sdn Bhd), 1st defendant (Kerajaan Malaysia) and 2nd defendant (Tenaga Nasional Berhad).

[2] The plaintiffs factory (factory) at Lot 2795, Jalan Tanjong Malim - Slim River, Perak used automated hydraulic presses and other electronically controlled machinery to produce calcium silicate bricks. The 2nd defendant supplied electricity to the factory whereat was a power substation.

[3] The Public Works Department (PWD) had appointed Markas Perdana Sdn Bhd (Markas) to execute works at the rest and recreation area at

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