KAU MING HOOI GHOURY A/P KRISHNAN

KAU MING HOOI GHOURY A/P KRISHNAN

Appellate court found no basis to interfere with the Sessions Court's assessment of quantum under the 'plainly wrong' standard, affirmed the Sessions Court's quantum awards, but allowed the appeal in part to reallocate liability as 100% to the Defendant because she turned across ongoing traffic while the Plaintiff was within speed limit.

Citation
PA-12B-44-12/2023 (Mahkamah Tinggi)
Parties
Plaintiff/appellant: KAU MING HOOI; Defendant/respondent: GHOURY A/P KRISHNAN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 November 2025
Case Number
PA-12B-44-12/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Negligence) / Appellate Judgment (rehearing Under O.55)
Outcome
Appeal allowed in part; liability reallocated to Defendant 100%; Sessions Court's assessment of quantum affirmed; costs awarded.
Legal Topics
Quantum of Damages, Liability Apportionment, Loss of Earnings, General and Special Damages, Appellate Intervention
Source Language
Malay/English
Tort Negligence Motor Vehicle Accidents Civil Procedure Quantum of Damages Liability Apportionment Loss of Earnings General and Special Damages +1 more

Case Brief

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Parties

KAU MING HOOI

Plaintiff/appellant

GHOURY A/P KRISHNAN

Defendant/respondent

Procedural Posture

Civil Appeal (personal Injury Negligence) / Appellate Judgment (rehearing Under O.55)

Legal Issues

  1. 1 Whether the Sessions Court's assessment of quantum was plainly wrong so as to warrant appellate intervention
  2. 2 Whether liability apportionment should be altered from the Sessions Court's finding
  3. 3 Whether further contingency deductions are permissible when statutory multiplier under s.28A Civil Law Act applies

Ratio Decidendi

Appellate court found no basis to interfere with the Sessions Court's assessment of quantum under the 'plainly wrong' standard, affirmed the Sessions Court's quantum awards, but allowed the appeal in part to reallocate liability as 100% to the Defendant because she turned across ongoing traffic while the Plaintiff was within speed limit.

Court Disposition

Appeal allowed in part; liability reallocated to Defendant 100%; Sessions Court's assessment of quantum affirmed; costs awarded.

Orders

  • Appeal allowed in part
  • Liability apportioned 100% to the Defendant