NG YONG KIAT LEE PEI FEN

NG YONG KIAT LEE PEI FEN

The High Court upheld the Sessions Court’s factual findings and credibility assessment: the evidence and physical damage supported the Defendant’s account that her car was stationary and the Plaintiff’s motorcycle struck the left rear; there was no appellate error in law or fact warranting interference; awards of general damages were within RCPI ranges; claims for loss of earnings and future earning capacity were not proven and were rightly dismissed.

Citation
JA-12B-47-09/2019 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Ng Yong Kiat; Respondent/defendant: Lee Pei Fen
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 September 2020
Case Number
JA-12B-47-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Judgment on Appeal (high Court)
Outcome
Appeal dismissed; Sessions Court judgment upheld on liability and quantum except where claims were dismissed
Legal Topics
Negligence, Liability, Quantum of Damages, Credibility of Witnesses, Silent Evidence (physical Damage)
Source Language
Malay/English
Tort Road Traffic Accident Personal Injury Civil Procedure Evidence Negligence Liability Quantum of Damages +2 more

Case Brief

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Parties

Ng Yong Kiat

Appellant/plaintiff

Lee Pei Fen

Respondent/defendant

Procedural Posture

Civil Appeal From Sessions Court / Judgment on Appeal (high Court)

Legal Issues

  1. 1 Whether the Defendant was negligent in causing the collision
  2. 2 Which party’s version of events is credible given conflicting accounts
  3. 3 Whether the appellate court should disturb the trial judge’s findings of fact and credibility

Ratio Decidendi

The High Court upheld the Sessions Court’s factual findings and credibility assessment: the evidence and physical damage supported the Defendant’s account that her car was stationary and the Plaintiff’s motorcycle struck the left rear; there was no appellate error in law or fact warranting interference; awards of general damages were within RCPI ranges; claims for loss of earnings and future earning capacity were not proven and were rightly dismissed.

Court Disposition

Appeal dismissed; Sessions Court judgment upheld on liability and quantum except where claims were dismissed

Orders

  • Appeal dismissed with costs of RM5000 subject to allocator fee