TAI HONG SIONG LKPP Corporation Sendirian Berhad (Dahulu dikenali sebagai LKPP Equities Sendiriran Berhad dan menjalankan perniagaan di bawah nama dan gaya Ladang Warisan PKPP Sabak)

TAI HONG SIONG LKPP Corporation Sendirian Berhad (Dahulu dikenali sebagai LKPP Equities Sendiriran Berhad dan menjalankan perniagaan di bawah nama dan gaya Ladang Warisan PKPP Sabak)

On the balance of probabilities plaintiff failed to prove that the animal that caused the accident was the defendant's buffalo; circumstantial evidence and witness statements left reasonable doubt as to ownership. Therefore defendant is not liable and plaintiff's substantive claim is dismissed with costs; ancillary findings on quantum and expenses were made for completeness but do not establish liability.

Citation
CA-A53-2-08/2022 (Mahkamah Sesyen)
Parties
Plaintif: Tai Hong Siong; Defendan: LKPP Corporation Sendirian Berhad
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
29 March 2024
Case Number
CA-A53-2-08/2022 (Mahkamah Sesyen)
Procedural Posture
Guaman Sivik Tort/personal Injury / Judgment (trial)
Outcome
Plaintiff's claim dismissed with costs to defendant (costs to be taxed on the prescribed scale).
Legal Topics
Animal Liability, Circumstantial Evidence, Quantum of Damages, Special Damages, Mitigation of Loss
Source Language
Malay/English
Tort Negligence Personal Injury Civil Procedure Animal Liability Circumstantial Evidence Quantum of Damages Special Damages +1 more

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Parties

Tai Hong Siong

Plaintif

LKPP Corporation Sendirian Berhad

Defendan

Procedural Posture

Guaman Sivik Tort/personal Injury / Judgment (trial)

Legal Issues

  1. 1 Whether the animal involved was a buffalo or wild boar
  2. 2 Whether the buffalo was owned by the defendant (liability)
  3. 3 Whether defendant breached a duty of care (negligence)

Ratio Decidendi

On the balance of probabilities plaintiff failed to prove that the animal that caused the accident was the defendant's buffalo; circumstantial evidence and witness statements left reasonable doubt as to ownership. Therefore defendant is not liable and plaintiff's substantive claim is dismissed with costs; ancillary findings on quantum and expenses were made for completeness but do not establish liability.

Court Disposition

Plaintiff's claim dismissed with costs to defendant (costs to be taxed on the prescribed scale).

Orders

  • Plaintiff's claim is dismissed with costs to the defendant to be assessed on the standard scale under the Rules of Court 2012.
  • Court assessed quantum for completeness as follows (without creating liability): awards for specified injuries and expenses as itemised in quantitative data below.