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HIGH COURT MALAYA KUALA LUMPUR
FANUC SDN BHD – Appellant
Versus
ADENLAND (CHERAS) SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. civil liability in tort arises from a trespass. (Para 1 , 2 , 3 , 4 , 5 , 12) |
| 2. discussion of the plaintiff's property and trespass. (Para 6) |
| 3. without prejudice negotiations may not affect admissibility unless a settlement is reached. (Para 7 , 8 , 9 , 10 , 18 , 19 , 25) |
| 4. evidence of trespass by the second defendant. (Para 13 , 46) |
| 5. negotiation efforts regarding trespass. (Para 28 , 29 , 30 , 35) |
| 6. without direct participation in wrongdoing, liability may not extend to instructions or proposals. (Para 39 , 41 , 44) |
[1] This was a suit in trespass and negligence against the defendants in respect of a piece of land in Hulu Langat, Selangor that belongs to the plaintiff.
[2] In substance, the plaintiffs claim was based on an alleged wrongful removal of earth from and the levelling of its land in the course of the construction of a retaining wall on a road reserve adjacent to it. The alleged wrongful removal of earth resulted in varying reductions in height along the affected parts of the plaintiffs land.
Background
[3] The plaintiff is the registered proprietor of Lot 14761 (formerly Lot 1169, Geran Mukim 1129), Cheras Batu 9, Mukim of Ulu Langat, Daerah Ulu Langat,
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