YAP YEW WAI THERESA ANNE A/P SINNAPPAN

YAP YEW WAI THERESA ANNE A/P SINNAPPAN

The appellate court found the trial judge erred in assessing quantum because the awards were not sufficiently grounded in current medical evidence, and the trial court failed to properly weigh defence medical reports; the appeal was allowed and the quantum was reduced in accordance with the court's analysis and the Compendium of Personal Injury Awards.

Citation
BL-12B-18-11/2022 (Mahkamah Tinggi)
Parties
Appellant/defendant: Yap Yew Wai; Respondent/plaintiff: Theresa Anne a/p Sinnappan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 March 2023
Case Number
BL-12B-18-11/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury) / Appeal on Quantum After Trial Judgment
Outcome
Appeal allowed; trial court awards set aside or reduced in part and quantum adjusted in line with the court's reasons and the Compendium of Personal Injury Awards; costs of the appeal fixed at RM3,000.00 in favour of the appellant.
Legal Topics
Quantum of Damages, Medical Evidence and Expert Reports, Admissibility and Weight of Evidence, Standard of Appellate Review
Source Language
Malay/English
Tort Personal Injury Motor Accident Civil Procedure Quantum of Damages Medical Evidence and Expert Reports Admissibility and Weight of Evidence Standard of Appellate Review

Case Brief

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Parties

Yap Yew Wai

Appellant/defendant

Theresa Anne a/p Sinnappan

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury) / Appeal on Quantum After Trial Judgment

Legal Issues

  1. 1 Whether the trial court erred in assessing quantum of general and special damages
  2. 2 Whether absence of a defence expert witness barred consideration of the defence expert report
  3. 3 Whether MRI or further medical imaging was required to prove current condition and support awards

Ratio Decidendi

The appellate court found the trial judge erred in assessing quantum because the awards were not sufficiently grounded in current medical evidence, and the trial court failed to properly weigh defence medical reports; the appeal was allowed and the quantum was reduced in accordance with the court's analysis and the Compendium of Personal Injury Awards.

Court Disposition

Appeal allowed; trial court awards set aside or reduced in part and quantum adjusted in line with the court's reasons and the Compendium of Personal Injury Awards; costs of the appeal fixed at RM3,000.00 in favour of the appellant.

Orders

  • Appeal allowed.
  • Trial court's quantum awards set aside or reduced as reasoned in judgment (neck award adjusted to RM22,000.00; knee award adjusted to RM30,000.00; awards for proposed surgery, post-operative rehabilitation and certain injections disallowed or reduced in the absence of supporting current imaging).