PRELIMINARY ROUND 2 (Nuisance and Negligence)

Mr. Ajmain owns a successful company named, Tyre Smart Sdn Bhd that he established in
1990. The company specializes in the business of tyre production and is a well-known
supplier for automobile companies such as Honde, Protun & Purudua. The company has also
been recognized by the Federal government and was awarded for being one of the top 10
most successful companies in the country consecutively for 3 decades.

In November 2019, Tyre Smart collaborated with GreenEarth Bhd, a company which
produces filters equipped with advanced technology that got rid of almost 76.89% of toxic
and chemical waste released by a factory. The collaboration was to install Green Earth filters
into Tyre Smart factory pipes that carried chemical waste. Tyre Smart factory is located at
Jalan GeorgeTown, Kuala Lumpur where Villa Mangga is only 50 meters away. On 23 rd
November 2019, one of the pipes in the Tyre Smart factory leaked causing a chemical waste
spillage onto a large portion of Villa Mangga's main roads. Mr. Thompson, an expert of steel
production, conducted a thorough investigation which revealed that the pipe had deteriorated
and that the installment of new pipes were required immediately.

Puan Syahirah, representing Villa Mangga, filed a complaint to the local council regarding
the matter. The local council sent a warning letter to Tyre Smart Sdn Bhd to take action as
soon as possible. They were instructed by the council to replace the pipe and clean up the
chemical waste spillage that had affected the neighbourhood of Villa Mangga. However, even
after two weeks, no action had been taken by Tyre Smart Sdn Bhd. Allegedly, the company
was stuck in a financial crisis due to forged documents made by one of Mr. Ajmain’s
employees. This made it difficult for the issue to be resolved. There are investigating expert
reporting that the said area is no longer suitable for habitation. The air index in that
surrounding area was too acidic for human to breathe. On 5th December 2019, Puan
Syahirah’s son was admitted to Hospital Bundar Bintang due to respiratory failure caused by
continuous exposure to the chemical waste. Many more cases of respiratory failure was not
reported. As last resort, the residents had no choice but to evacuate from the affected area.

Puan Syahirah comes to you, a practicing lawyer, to ask for legal advice. She wants to sue for
damage to property and claim for damages against Tyre Smart Sdn Bhd.
*for male actor – Encik Hussein

*for female actor- Puan Syahirah