Khairil Azraf bin Mohd Sedek 1. Letchumy a/p Krishnan 2. Beulaah a/p Ramesh

Khairil Azraf bin Mohd Sedek 1. Letchumy a/p Krishnan 2. Beulaah a/p Ramesh

The Sessions Court judgment was set aside and a retrial ordered because there were no grounds of judgment and the notes of proceedings were scanty and incomplete, depriving the appellate court of the proper and adequate record of oral evidence necessary to make reliable factual findings on liability and contributory negligence; therefore a retrial before another Sessions Court judge was required.

Citation
BA-12B-92-06/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Khairil Azraf bin Mohd Sedek; Plaintiff/respondent: Letchumy a/p Krishnan; Plaintiff/respondent: Beulaah a/p Ramesh
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 March 2021
Case Number
BA-12B-92-06/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appellate Judgment Retrial Ordered
Outcome
Sessions Court judgment dated 10 June 2019 set aside; retrial ordered.
Legal Topics
Negligence, Appeal, Retrial, Notes of Proceedings, Credibility of Witnesses
Source Language
Malay/English
Tort Personal Injury Civil Procedure Evidence Negligence Appeal Retrial Notes of Proceedings +1 more

Case Brief

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Parties

Khairil Azraf bin Mohd Sedek

Appellant/defendant

Letchumy a/p Krishnan

Plaintiff/respondent

Beulaah a/p Ramesh

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appellate Judgment Retrial Ordered

Legal Issues

  1. 1 Whether appellate court may make findings of fact in absence of trial judge's grounds of judgment
  2. 2 Whether incomplete or scanty notes of proceedings justify ordering a retrial
  3. 3 Whether the existing record permits resolution of liability and contributory negligence issues

Ratio Decidendi

The Sessions Court judgment was set aside and a retrial ordered because there were no grounds of judgment and the notes of proceedings were scanty and incomplete, depriving the appellate court of the proper and adequate record of oral evidence necessary to make reliable factual findings on liability and contributory negligence; therefore a retrial before another Sessions Court judge was required.

Court Disposition

Sessions Court judgment dated 10 June 2019 set aside; retrial ordered.

Orders

  • Set aside the Sessions Court judgment dated 10 June 2019
  • Order a retrial to be conducted before another Sessions Court Judge at the Kuala Kubu Bahru Sessions Court