1. ) NUR ALIA MOHAMAD RADZI (SEORANG BUDAK DAN PENDAKWAAN INI DIBUAT OLEH BAPA ANGKATNYA DAN WAKIL LITIGASI, MOHAMAD RADZHI BIN HASSAN 2. ) XXXX 3. ) Mohamad Radzhi Bin Hasan 4. ) MOHAMMAD SAIFUL RIZAL BIN ISMAIL Fazilah Binti Abdul Aziz

1. ) NUR ALIA MOHAMAD RADZI (SEORANG BUDAK DAN PENDAKWAAN INI DIBUAT OLEH BAPA ANGKATNYA DAN WAKIL LITIGASI, MOHAMAD RADZHI BIN HASSAN 2. ) XXXX 3. ) Mohamad Radzhi Bin Hasan 4. ) MOHAMMAD SAIFUL RIZAL BIN ISMAIL Fazilah Binti Abdul Aziz

TP1 and TP2's purported appeals, conflated with the plaintiff's notice of appeal, were defective because third party proceedings constitute an independent action requiring separate appeals; on the merits the Sessions Court's finding that the defendant was not negligent was not 'plainly wrong' in view of credibility assessments, contemporaneous police report and damage patterns, and the damages assessment was reasonable and not disturbed.

Citation
PA-12B-51-09/2019 (Mahkamah Tinggi)
Parties
1st Appellant / Plaintiff (minor): Nur Alia Mohamad Radzhi; 2nd Appellant / 1st Third Party: Mohamad Radzhi bin Hasan; 3rd Appellant / 2nd Third Party: Mohammad Saiful Rizal bin Ismail; Respondent / Defendant: Fazilah binti Abdul Aziz
Court
High Court
Jurisdiction
Malaysia
Judgment Date
16 November 2022
Case Number
PA-12B-51-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (post Trial) From Sessions Court / High Court Determination on Preliminary Objection and Merits; Leave to Appeal to Court of Appeal Granted
Outcome
Defendant's preliminary objection allowed; TP1 and TP2's conflated appeals dismissed; Plaintiff's appeal dismissed.
Legal Topics
Negligence, Third Party Proceedings, Appealability, Contributory Negligence, Assessment of Damages, Plainly Wrong Test, Notice of Appeal Procedure
Source Language
Malay/English
Tort Civil Procedure Road Traffic Law Negligence Third Party Proceedings Appealability Contributory Negligence Assessment of Damages +2 more

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Parties

Nur Alia Mohamad Radzhi

1st Appellant / Plaintiff (minor)

Mohamad Radzhi bin Hasan

2nd Appellant / 1st Third Party

Mohammad Saiful Rizal bin Ismail

3rd Appellant / 2nd Third Party

Fazilah binti Abdul Aziz

Respondent / Defendant

Procedural Posture

Civil Appeal (post Trial) From Sessions Court / High Court Determination on Preliminary Objection and Merits; Leave to Appeal to Court of Appeal Granted

Legal Issues

  1. 1 Whether third parties to an action can join the plaintiff's notice of appeal or must file separate appeals
  2. 2 Whether the trial judge was 'plainly wrong' in finding the defendant not negligent
  3. 3 Whether the trial judge's assessment of general and special damages was reasonable

Ratio Decidendi

TP1 and TP2's purported appeals, conflated with the plaintiff's notice of appeal, were defective because third party proceedings constitute an independent action requiring separate appeals; on the merits the Sessions Court's finding that the defendant was not negligent was not 'plainly wrong' in view of credibility assessments, contemporaneous police report and damage patterns, and the damages assessment was reasonable and not disturbed.

Court Disposition

Defendant's preliminary objection allowed; TP1 and TP2's conflated appeals dismissed; Plaintiff's appeal dismissed.

Orders

  • Defendant's preliminary objection against TP1 and TP2's conflated Notice of Appeal is allowed
  • TP1 and TP2's purported appeals are dismissed with costs of RM5000 each to be paid to the Respondent (subject to allocatur)