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

High Court allowed respondent's preliminary objection: third party appeals conflated with the plaintiff's Notice of Appeal were defective because third party proceedings are independent; there was no judgment against third parties to appeal; on merits the Sessions Court's factual findings that the defendant's version was inherently probable and not negligent were not 'plainly wrong' and therefore the plaintiff's appeal was dismissed; quantum (general damages RM130,400.00 and special damages RM82.30) and costs were upheld as reasonable.

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 Appeal From the Sessions Court) / High Court Judgment on Appeal (post Trial); Leave to Appeal to Court of Appeal Granted
Outcome
Defendant's preliminary objection allowed; appeals by 2nd and 3rd Appellants (third parties) dismissed as defective; 1st Appellant's (plaintiff) appeal dismissed on merits
Legal Topics
Negligence, Third Party Proceedings, Appellate Review (plainly Wrong), Contributory Negligence, Damages, Leave to Appeal
Source Language
Malay/English
Tort Civil Procedure Road Traffic Law Appeal Law Negligence Third Party Proceedings Appellate Review (plainly Wrong) Contributory Negligence +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 Appeal From the Sessions Court) / High Court Judgment on Appeal (post Trial); Leave to Appeal to Court of Appeal Granted

Legal Issues

  1. 1 Whether third parties may join the plaintiff's Notice of Appeal or must file separate appeals
  2. 2 Whether the Sessions Court judge's findings were 'plainly wrong' warranting appellate interference
  3. 3 Whether the respondent/driver was negligent or the motorcycle rider caused the collision by an illegal U-turn

Ratio Decidendi

High Court allowed respondent's preliminary objection: third party appeals conflated with the plaintiff's Notice of Appeal were defective because third party proceedings are independent; there was no judgment against third parties to appeal; on merits the Sessions Court's factual findings that the defendant's version was inherently probable and not negligent were not 'plainly wrong' and therefore the plaintiff's appeal was dismissed; quantum (general damages RM130,400.00 and special damages RM82.30) and costs were upheld as reasonable.

Court Disposition

Defendant's preliminary objection allowed; appeals by 2nd and 3rd Appellants (third parties) dismissed as defective; 1st Appellant's (plaintiff) appeal dismissed on merits

Orders

  • 2nd and 3rd Appellants' conflated appeals dismissed as defective
  • 1st Appellant's appeal dismissed