INSPEKTOR M.YUSOF BIN JAHAYA & 3 OTHERS CHIN HOCK WA@ CHAN HOCK WA & 2 OTHERS

INSPEKTOR M.YUSOF BIN JAHAYA & 3 OTHERS CHIN HOCK WA@ CHAN HOCK WA & 2 OTHERS

On the evidence the High Court found the trial judge was not plainly wrong: plaintiffs proved on balance that exhibits originally identified were pure gold and the court-produced exhibits were different (chemistry showed gold-plated copper), there was an unexplained discrepancy in item count and weight and the exhibit register was not produced; these facts established breach of statutory and common law duty to safeguard exhibits and justified damages assessed at 2012 gold prices.

Citation
B-01(W)-613-11/2020 (Mahkamah Tinggi)
Parties
Appellant/1st Defendant: INSPEKTOR M. YUSOF BIN JAHAYA; Appellant/2nd Defendant: KETUA POLIS DAERAH, KUALA LANGAT; Appellant/3rd Defendant: KETUA POLIS SELANGOR; Appellant/4th Defendant: KERAJAAN MALAYSIA; Respondent/plaintiff: CHIN HOCK WA @ CHAN HOCK WA; Respondent/plaintiff: CHIN FOOK KONG @ CHAN FOOK KONG; Respondent/plaintiff: CHAN FOCK ON
Court
W
Jurisdiction
Malaysia
Judgment Date
16 October 2020
Case Number
B-01(W)-613-11/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / High Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Vicarious Liability, Custody of Exhibits, Damages, Pleadings, Section 413 Criminal Procedure Code
Source Language
Malay/English
Tort Civil Procedure Criminal Procedure Public Law (government Liability) Negligence Duty of Care Vicarious Liability Custody of Exhibits +3 more

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Parties

INSPEKTOR M. YUSOF BIN JAHAYA

Appellant/1st Defendant

KETUA POLIS DAERAH, KUALA LANGAT

Appellant/2nd Defendant

KETUA POLIS SELANGOR

Appellant/3rd Defendant

KERAJAAN MALAYSIA

Appellant/4th Defendant

CHIN HOCK WA @ CHAN HOCK WA

Respondent/plaintiff

CHIN FOOK KONG @ CHAN FOOK KONG

Respondent/plaintiff

CHAN FOCK ON

Respondent/plaintiff

Procedural Posture

Civil Appeal From Sessions Court / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether a cause of action in negligence was pleaded
  2. 2 Whether defendants owed and breached a duty of care in respect of custody of exhibits
  3. 3 Whether plaintiff proved case merely by defendants' failure to prove defence

Ratio Decidendi

On the evidence the High Court found the trial judge was not plainly wrong: plaintiffs proved on balance that exhibits originally identified were pure gold and the court-produced exhibits were different (chemistry showed gold-plated copper), there was an unexplained discrepancy in item count and weight and the exhibit register was not produced; these facts established breach of statutory and common law duty to safeguard exhibits and justified damages assessed at 2012 gold prices.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Sessions Court judgment affirmed awarding RM 249893.58 to Plaintiffs