Yong Shui Tian v Majlis Perbandaran Langkawi Bandaraya Pelancongan

Appellant(s): Yong Shui Tian

Respondent(s): Majlis Perbandaran Langkawi Bandaraya Pelancongan

• YAA Dato' Hashim Bin Hamzah
• YA Dato' Faizah Binti Jamaludin
• YA Datuk Meor Hashimi bin Abdul Hamid

• The appellant suffered severe injuries, including paralysis, when a coconut tree fell on him at Pantai Chenang beach, Langkawi, leading to a claim against the respondent local authority.
• The appellant alleged negligence and breach of statutory duty by the respondent under the Local Government Act 1976 (LGA 1976) for failing to control, supervise, and maintain trees.
• The High Court dismissed the claim, finding no statutory duty or duty of care owed by the respondent, and that the incident location was private land, prompting the appellant's appeal.

• Whether Pantai Chenang beach fell within the respondent's administrative area and jurisdiction, and if the respondent owed a statutory duty under Section 101 of the LGA 1976.
• Whether the respondent's statutory duties under Section 101 of the LGA 1976 extended to trees on private land, as per Federal Court precedent.
• Whether the respondent breached its statutory duty and/or common law duty of care, and if the doctrine of *res ipsa loquitur* was applicable to infer liability.

• The Court of Appeal allowed the appeal, finding the High Court was "plainly wrong" in its findings of fact and law, particularly regarding the respondent's jurisdiction and statutory duties.
• The Court held that Pantai Chenang beach was within the respondent's administrative area and that the respondent owed a non-discretionary statutory duty under Section 101 of the LGA 1976 to maintain and supervise trees, even on private land, which it breached.
• The Court set aside the High Court's judgment, declared the respondent wholly liable for the appellant's injuries, and remitted the case to a different High Court Judge for the assessment of damages.