1. ) NORHAYATI BINTI MOHD NOR 2. ) MASOOD BIN AHMAD 3. ) DURIAH BINTI ALI HASSAN 1. ) KHOO BOON HIOK 2. ) EASA TRADING SDN BHD

1. ) NORHAYATI BINTI MOHD NOR 2. ) MASOOD BIN AHMAD 3. ) DURIAH BINTI ALI HASSAN 1. ) KHOO BOON HIOK 2. ) EASA TRADING SDN BHD

The appellate court held the Sessions Court judge properly evaluated credibility, demeanour, demonstration and the surrounding evidence and did not commit a plainly wrong or perverse factual finding; plaintiffs failed to prove defendants' negligence on the balance of probabilities and provided no material facts to support the spare-tyre-caused-loss-of-control theory; the quantum awarded by the Sessions Court was within reasonable bounds and need not be disturbed; appeal dismissed with costs.

Citation
JB-12BNCvC-11-07/2022 (Mahkamah Tinggi)
Parties
Appellant (plaintiff): Norhayati binti Mohd Nor; Appellant (plaintiff): Masood bin Ahmad; Appellant (plaintiff): Duriah binti Ali Hassan; Respondent (defendant): Khoo Boon Hiok; Respondent (defendant): Easa Trading Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 March 2023
Case Number
JB-12BNCvC-11-07/2022 (Mahkamah Tinggi)
Procedural Posture
Civil / Appeal From Sessions Court Decision (hearing and Judgment on Appeal)
Outcome
Appeal dismissed; decision of Sessions Court dated 21.07.2022 upheld; costs awarded to respondents.
Legal Topics
Liability, Quantum (loss of Dependency), Appellate Review Standard, Burden of Proof
Source Language
Malay/English
Tort Negligence Road Traffic Accident Damages Liability Quantum (loss of Dependency) Appellate Review Standard Burden of Proof

Case Brief

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Parties

Norhayati binti Mohd Nor

Appellant (plaintiff)

Masood bin Ahmad

Appellant (plaintiff)

Duriah binti Ali Hassan

Appellant (plaintiff)

Khoo Boon Hiok

Respondent (defendant)

Easa Trading Sdn Bhd

Respondent (defendant)

Procedural Posture

Civil / Appeal From Sessions Court Decision (hearing and Judgment on Appeal)

Legal Issues

  1. 1 Whether defendants were negligent in causing the death of the deceased
  2. 2 Whether the Sessions Court judge's factual findings were plainly wrong such that appellate intervention was justified
  3. 3 Whether, given conflicting versions, liability should be apportioned 50/50

Ratio Decidendi

The appellate court held the Sessions Court judge properly evaluated credibility, demeanour, demonstration and the surrounding evidence and did not commit a plainly wrong or perverse factual finding; plaintiffs failed to prove defendants' negligence on the balance of probabilities and provided no material facts to support the spare-tyre-caused-loss-of-control theory; the quantum awarded by the Sessions Court was within reasonable bounds and need not be disturbed; appeal dismissed with costs.

Court Disposition

Appeal dismissed; decision of Sessions Court dated 21.07.2022 upheld; costs awarded to respondents.

Orders

  • Appeal dismissed with costs
  • Maintain Sessions Court award of RM2,600 per month for loss of dependency (widow)