TAN SOO BEE RAMESHBABU A/L NARAYANAN
No appealable error was shown; on the balance of probabilities the Sessions Court correctly found the defendant wholly negligent and the quantum of damages was not excessive; therefore the High Court dismissed the appeal and affirmed the Sessions Court judgment.
- Citation
- JA-12B-14-04/2021 (Mahkamah Tinggi)
- Parties
- Appellant/defendant: TAN SOO BEE; Respondent/plaintiff: RAMESHBABU A/L NARAYANAN
- Court
- High Court
- Jurisdiction
- Malaysia
- Judgment Date
- 9 February 2022
- Case Number
- JA-12B-14-04/2021 (Mahkamah Tinggi)
- Procedural Posture
- Civil Appeal From Sessions Court / Determination on Appeal (re Hearing)
- Outcome
- Appeal dismissed; Sessions Court judgment affirmed.
- Legal Topics
- Liability, Contributory Negligence, Quantum of Damages, Standard of Appellate Review of Findings of Fact
- Source Language
- Malay/English
Case Brief
Summary, issues, holding and outcome
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Parties
TAN SOO BEE
Appellant/defendant
RAMESHBABU A/L NARAYANAN
Respondent/plaintiff
Procedural Posture
Civil Appeal From Sessions Court / Determination on Appeal (re Hearing)
Legal Issues
- 1 Whether the defendant was negligent in causing the collision
- 2 Whether the plaintiff contributed to the negligence
- 3 Whether the Sessions Court's findings of fact should be disturbed on appeal
Ratio Decidendi
No appealable error was shown; on the balance of probabilities the Sessions Court correctly found the defendant wholly negligent and the quantum of damages was not excessive; therefore the High Court dismissed the appeal and affirmed the Sessions Court judgment.
Court Disposition
Appeal dismissed; Sessions Court judgment affirmed.
Orders
- Appeal dismissed
- Sessions Court judgment affirmed in all respects
Full Case Text
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