TENG WAI KEAT Pang Jing Yuan

TENG WAI KEAT Pang Jing Yuan

The High Court held that the trial judge was entitled to prefer one expert report over another as a legitimate exercise of judicial discretion, that the absence of fuller reasons did not demonstrate a material failure to evaluate the evidence, and therefore there was no basis for appellate interference with the quantum award; both the appeal and cross‑appeal were dismissed.

Citation
CB-12B-12-10/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: Teng Wai Keat; Respondent/plaintiff: Pang Jing Yuan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 February 2025
Case Number
CB-12B-12-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Accident Damages) / High Court Appeal on Quantum From Sessions Court Judgment
Outcome
Appeal dismissed; cross‑appeal dismissed.
Legal Topics
Damages Quantification, Expert Opinion Credibility, Standard of Appellate Review, Prosthesis Cost
Source Language
Malay/English
Tort Civil Procedure Personal Injury Law Evidence Damages Quantification Expert Opinion Credibility Standard of Appellate Review Prosthesis Cost

Case Brief

Summary, issues, holding and outcome

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Parties

Teng Wai Keat

Appellant/defendant

Pang Jing Yuan

Respondent/plaintiff

Procedural Posture

Civil Appeal (motor Vehicle Accident Damages) / High Court Appeal on Quantum From Sessions Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in preferring one expert report over another when quantifying prosthesis costs
  2. 2 Whether the trial judge's findings on the respondent's age and lifetime need for prosthesis were incorrect
  3. 3 Whether the appellate court should interfere with factual findings and exercise of discretion by the trial judge

Ratio Decidendi

The High Court held that the trial judge was entitled to prefer one expert report over another as a legitimate exercise of judicial discretion, that the absence of fuller reasons did not demonstrate a material failure to evaluate the evidence, and therefore there was no basis for appellate interference with the quantum award; both the appeal and cross‑appeal were dismissed.

Court Disposition

Appeal dismissed; cross‑appeal dismissed.

Orders

  • The appeal by Teng Wai Keat is dismissed.
  • The cross‑appeal by Pang Jing Yuan is dismissed.