ZARINAH BINTI HAIDER 1. ) Sukumaran A/l Marimuthu 2. ) TELEMONG TONG LEONG SAWMILLS SDN BHD

ZARINAH BINTI HAIDER 1. ) Sukumaran A/l Marimuthu 2. ) TELEMONG TONG LEONG SAWMILLS SDN BHD

On appellate review the High Court found the Magistrate/Sessions judge erred in her assessment of liability and insufficiently appreciated the evidence; the contemporaneous documents, investigating officer's testimony and the defendant's own admissions established on the balance of probabilities that the defendants were negligent in failing to keep a proper lookout and were 100% liable. The plaintiff's lack of a riding licence did not break causation. The quantum and interest awarded below were maintained.

Citation
BA-11B-8-04/2022 (Mahkamah Tinggi)
Parties
Respondent/plaintiff: Zarinah binti Haider; Appellant/defendant: Sukumaran a/l Marimuthu; Appellant/defendant: Telemong Tong Leong Sawmills Sdn Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 October 2022
Case Number
BA-11B-8-04/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Arising From Road Traffic/personal Injury Claim / Appeal to High Court From Magistrate/sessions Court Decision (appellate Hearing)
Outcome
Appeal allowed in favour of respondent/plaintiff; trial court's finding on liability set aside and defendants held 100% liable
Legal Topics
Negligence, Liability, Res Ipsa Loquitur, Appellate Intervention/plainly Wrong Test, Duty to Keep Proper Lookout, Damages, Police Report/ Contemporaneous Documents
Source Language
Malay/English
Tort Road Traffic Law Evidence Civil Procedure Appeal Negligence Liability Res Ipsa Loquitur +4 more

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Parties

Zarinah binti Haider

Respondent/plaintiff

Sukumaran a/l Marimuthu

Appellant/defendant

Telemong Tong Leong Sawmills Sdn Berhad

Appellant/defendant

Procedural Posture

Civil Appeal Arising From Road Traffic/personal Injury Claim / Appeal to High Court From Magistrate/sessions Court Decision (appellate Hearing)

Legal Issues

  1. 1 Whether the defendants/appellants were negligent and 100% liable for the collision
  2. 2 Whether the plaintiff/respondent's lack of a motorcycle licence negates or reduces liability
  3. 3 Whether the trial court (Magistrate/Sessions) made plainly wrong factual findings or insufficiently appreciated evidence warranting appellate intervention

Ratio Decidendi

On appellate review the High Court found the Magistrate/Sessions judge erred in her assessment of liability and insufficiently appreciated the evidence; the contemporaneous documents, investigating officer's testimony and the defendant's own admissions established on the balance of probabilities that the defendants were negligent in failing to keep a proper lookout and were 100% liable. The plaintiff's lack of a riding licence did not break causation. The quantum and interest awarded below were maintained.

Court Disposition

Appeal allowed in favour of respondent/plaintiff; trial court's finding on liability set aside and defendants held 100% liable

Orders

  • Appeal allowed with costs
  • Defendants held 100% liable for the accident