LAI SIN YUEN 1. AINOR BINTI ABDULLAH 2. DAUS BIN MAADIN

LAI SIN YUEN 1. AINOR BINTI ABDULLAH 2. DAUS BIN MAADIN

The High Court allowed the appeal in part: it held the Sessions Court did not err in admitting employment documents under section 73A(2) and upheld the MYR45,000 award for loss of earning capacity, but found the Sessions Court erred in arbitrarily extending the medical leave multiplier from the proven 20 months to 60 months and reduced the loss of earnings period to 20 months.

Citation
JA-12B-32-03/2020 (Mahkamah Tinggi)
Parties
Appellant / Defendant: Lai Sin Yuen; Respondent / Plaintiff: Ainor binti Abdullah; Respondent / Plaintiff: Daus bin Maadin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
3 December 2020
Case Number
JA-12B-32-03/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Appeal on Quantum (loss of Earnings and Loss of Earning Capacity)
Outcome
Appeal allowed in part
Legal Topics
Appeal on Quantum, Admissibility of Documentary Evidence Under S73 a, Proof of Special Damages, Loss of Earnings, Loss of Earning Capacity, Standard of Appellate Review
Source Language
Malay/English
Civil Law Tort Evidence Damages Civil Procedure Appeal on Quantum Admissibility of Documentary Evidence Under S73 a Proof of Special Damages +3 more

Case Brief

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Parties

Lai Sin Yuen

Appellant / Defendant

Ainor binti Abdullah

Respondent / Plaintiff

Daus bin Maadin

Respondent / Plaintiff

Procedural Posture

Civil Appeal From Sessions Court / High Court Appeal on Quantum (loss of Earnings and Loss of Earning Capacity)

Legal Issues

  1. 1 Whether pay slips and employment evidence were admissible under section 73A without calling the maker
  2. 2 Whether the Sessions Court judge erred in extending medical leave from 20 to 60 months for loss of earnings
  3. 3 Whether the award for loss of earning capacity was justified despite the plaintiff returning to work

Ratio Decidendi

The High Court allowed the appeal in part: it held the Sessions Court did not err in admitting employment documents under section 73A(2) and upheld the MYR45,000 award for loss of earning capacity, but found the Sessions Court erred in arbitrarily extending the medical leave multiplier from the proven 20 months to 60 months and reduced the loss of earnings period to 20 months.

Court Disposition

Appeal allowed in part

Orders

  • Appeal allowed partially limited to loss of earnings
  • Reduce loss of earnings multiplier to 20 months (from 60 months awarded by Sessions Court)