Steve Shim CJ (Sabah & Sarawak):

The Issues

[1] There are two appeals before us - one, an appeal proper by the appellant, Majlis Perbandaran Ampang Jaya (MPAJ) and the other, a cross-appeal by the respondents. More specifically, the appellant's appeal is directed at the decision of the Court of Appeal in affirming the High Court's finding that the appellant was 15% liable to the respondents for negligence and nuisance. And the respondents' cross-appeal is aimed at the Court of Appeal's decision that their cause of action against the appellant for alleged post-collapse liability lay in the area of public law and not private law. In effect and in substance, the appeal and cross-appeal can be said to relate to issues encapsulated in the questions upon which leave to appeal was granted by this court. These questions are postulated as follows:

1. Where a plaintiff sustains damage and alleges negligence against various defendants and the tribunal of fact ascribes negligence to the various defendants and where there is a clear finding that the causa causans of the plaintiff's damage is the negligence of a particular defendant, whether in that circumstance, the other defendants w