LEONG HON LOON (NO. K/P : 730317-06-5019) NASIM SDN. BHD. (NO. SYARIKAT : 441264 – U)

LEONG HON LOON (NO. K/P : 730317-06-5019) NASIM SDN. BHD. (NO. SYARIKAT : 441264 – U)

The Plaintiff failed to prove on a balance of probabilities that RM24,587.99 represented actual repair costs caused solely by the accident; the Magistrate erred in relying entirely on uncorroborated evidence from the Plaintiff's employee and on a self-prepared quotation; accordingly the award of RM24,587.99 was set aside and the appeal allowed on that issue.

Citation
BA-11BNCVC-30-09/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: Leong Hon Loon; Respondent/plaintiff: Nasim Sdn. Bhd.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 August 2020
Case Number
BA-11BNCVC-30-09/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Appeal From Magistrate to High Court
Outcome
Appeal allowed in part; Magistrate's award of RM24,587.99 set aside and decision varied
Legal Topics
Special Damages, Burden of Proof, Corroboration of Interested Witness, Loan Car Indemnity, Proof of Loss
Source Language
Malay/English
Contract Tort Evidence Insurance Law Special Damages Burden of Proof Corroboration of Interested Witness Loan Car Indemnity +1 more

Case Brief

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Parties

Leong Hon Loon

Appellant/defendant

Nasim Sdn. Bhd.

Respondent/plaintiff

Procedural Posture

Civil Appeal / Appeal From Magistrate to High Court

Legal Issues

  1. 1 Whether the plaintiff proved special damages of RM24,587.99 on a balance of probabilities
  2. 2 Whether burden of proof shifted to defendant without plaintiff first discharging evidential burden
  3. 3 Whether evidence of plaintiff's employee (interested witness) required independent corroboration

Ratio Decidendi

The Plaintiff failed to prove on a balance of probabilities that RM24,587.99 represented actual repair costs caused solely by the accident; the Magistrate erred in relying entirely on uncorroborated evidence from the Plaintiff's employee and on a self-prepared quotation; accordingly the award of RM24,587.99 was set aside and the appeal allowed on that issue.

Court Disposition

Appeal allowed in part; Magistrate's award of RM24,587.99 set aside and decision varied

Orders

  • Order for payment of RM24,587.99 set aside
  • Costs awarded to the Defendant subject to payment of allocator fee