MOHD HELMI BIN MAT NAWI 1. ) DHARMALINGAM A/L SAHAYAM 2. ) HANSON BUILDING MATERIALS MALAYSIA SDN BHD

MOHD HELMI BIN MAT NAWI 1. ) DHARMALINGAM A/L SAHAYAM 2. ) HANSON BUILDING MATERIALS MALAYSIA SDN BHD

High Court dismissed the appeal because there was no appealable error in the Sessions Court judge's factual and credibility findings; on the balance of probabilities the appellant failed to prove negligence by the respondents and was found to have contributed to the collision (ran the red light), so the trial court's dismissal was upheld.

Citation
JA-12B-45-08/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Mohd Helmi bin Mat Nawi; Respondent/defendant: Dharmalingam a/l Sahayam; Respondent/defendant: Hanson Building Materials Malaysia Sdn Bhd
Court
High Court
Jurisdiction
Malaysia
Judgment Date
1 August 2023
Case Number
JA-12B-45-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (motor Vehicle Running Down/negotiation of Liability) / High Court Judgment on Appeal From Sessions Court (dismissal of Appeal)
Outcome
Appeal dismissed
Legal Topics
Running Down, Liability, Credibility of Witnesses, Appellate Standard of Review
Source Language
Malay/English
Tort Negligence Motor Vehicle Accidents Civil Procedure Appeals Running Down Liability Credibility of Witnesses Appellate Standard of Review

Case Brief

Summary, issues, holding and outcome

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Parties

Mohd Helmi bin Mat Nawi

Appellant/plaintiff

Dharmalingam a/l Sahayam

Respondent/defendant

Hanson Building Materials Malaysia Sdn Bhd

Respondent/defendant

Procedural Posture

Civil Appeal From Sessions Court (motor Vehicle Running Down/negotiation of Liability) / High Court Judgment on Appeal From Sessions Court (dismissal of Appeal)

Legal Issues

  1. 1 Whether the first respondent was negligent in causing the collision
  2. 2 Whether the appellant contributed to the collision by running a red light
  3. 3 Whether the trial judge's findings of fact and credibility should be disturbed on appeal

Ratio Decidendi

High Court dismissed the appeal because there was no appealable error in the Sessions Court judge's factual and credibility findings; on the balance of probabilities the appellant failed to prove negligence by the respondents and was found to have contributed to the collision (ran the red light), so the trial court's dismissal was upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondents awarded costs of RM3,000