Three firms ordered to pay RM730,000 over negligence in Range Rover theft

KLANG: A logistics company and two warehouse operators have been ordered to pay RM730,000 after a Range Rover was stolen from a warehouse in Port Klang.

The Sessions Court here found Aktiv Worldwide Sdn Bhd, Advantage Warehouse Logistics Sdn Bhd and Westports CFS Sdn Bhd liable for negligence and breach of their duties in safeguarding the vehicle belonging to Fadzil Aziz Motor Sdn Bhd.

Judge Nurul Mardhiah Mohammed Redza, in her grounds of judgment dated Sept 11, said the three companies were jointly and severally liable.

The court ordered the three defendants to pay RM730,000 to Fadzil Aziz Motor, with general damages to be assessed separately and interest at five per cent per annum.

The court heard that Fadzil Aziz Motor bought the Range Rover Vogue from Twinstar (UK) Ltd for £83,000, equivalent to about RM468,618, in October 2021 and intended to sell it in Malaysia for RM730,000.

The vehicle was shipped to Malaysia before being stored at Advantage Warehouse Logistics' premises in Westports, Pulau Indah, where warehouse operations were managed by Westports CFS.

The court heard that the vehicles were left unlocked with their original keys inside, while the warehouse doors were also unlocked.

Police also found that parts of the perimeter fencing were dilapidated and that security at the warehouse was easy to breach.

The judge also noted shortcomings in the warehouse's surveillance and record-keeping.

"By putting the car keys inside the car and without keeping the car keys inside the safety box in the office, it had obviously been foreseeable that anyone could easily open the vehicle, use the keys kept in the car and drive away.

"Although Advantage Warehouse had installed CCTV cameras around the premises, the CCTV footage was not monitored from the guard post.

"The warehouse also lacked proper records such as logbooks for incoming and outgoing vehicles," she said.

The court said Aktiv had appointed the warehouse operator and therefore had a responsibility to ensure the company handling and storing the vehicle was competent.

"It is Aktiv's duty to ensure that the appointed company handling the unpacking and unstuffing of the containers and storing the vehicles is a competent operator, and to safeguard the goods in the bill of lading until they reach the consignee or are ready for release."

The court also found the RM730,000 sought by Fadzil Aziz Motor to be reasonable and supported by evidence.

The claim comprised RM468,620 for the purchase price, RM10,000 in approved permit fees, RM210,000 in customs duty, RM2,500 in forwarding fees and RM38,880 in expected profit.

The court also dealt with a claim by Advantage Warehouse Logistics and Westports CFS against QBE Insurance (Malaysia) Bhd, which had been brought into the suit as a third party.

QBE argued that its insurance policy did not cover the theft as there had been no forced entry.

The judge disagreed.

"I find that there was forced entry during the theft incident as there was evidence that the fence was cut. It amounts to forced entry into the warehouse premises.

"Police evidence showed that three suspects entered the premises after using a bolt cutter to cut through the perimeter fence," she said.

The court allowed Advantage Warehouse Logistics and Westports CFS to seek indemnity or contribution from QBE to the extent covered under the Transport Operators Liability insurance policy.