MUHAMMAD AIEREL DARWISH BIN HAIRUL ANUAR NO KP 091005050303 Seorang minor yang menuntut melalui bapanya HAIRUL ANUAR BIN MUHAMMAD 1. ) AMER BIN MASURI 2. ) MOHD RASHED BIN SAHRONI 3. ) KEMENTERIAN PENDIDIKAN MALAYSIA 4. ) Kerajaan Malaysia

MUHAMMAD AIEREL DARWISH BIN HAIRUL ANUAR NO KP 091005050303 Seorang minor yang menuntut melalui bapanya HAIRUL ANUAR BIN MUHAMMAD 1. ) AMER BIN MASURI 2. ) MOHD RASHED BIN SAHRONI 3. ) KEMENTERIAN PENDIDIKAN MALAYSIA 4. ) Kerajaan Malaysia

Court found Defendants One and Two owed a duty of care but plaintiff failed, on the balance of probabilities, to prove breach or that equipment/conditions were unsafe (defence evidence that equipment bought 2019 was in good condition and curriculum instruction existed). Accordingly, plaintiff's negligence claim is...

Source-derived case information.

Citation
NA-A51-4-07/2022 (Mahkamah Sesyen)
Parties
Plaintiff/perayu: MUHAMMAD AIEREL DARWISH bin HAIRUL ANUAR (minor via father HAIRUL ANUAR BIN MUHAMMAD); Defendant: AMER BIN MASURI; Defendant: MOHD RASHED BIN SAHRONI; Respondent: KEMENTERIAN PENDIDIKAN; Respondent: KERJAAN MALAYSIA
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
15 July 2025
Case Number
NA-A51-4-07/2022 (Mahkamah Sesyen)
Procedural Posture
Tort Negligence (personal Injury) / Trial Judgment (claim Dismissed); Appeal Filed
Outcome
Plaintiff's claim dismissed for failure to prove breach of duty; costs awarded to defendants
Legal Topics
Negligence, Duty of Care, Vicarious Liability, Burden of Proof, Damages
Tort Personal Injury Education Law Civil Procedure Negligence Duty of Care Vicarious Liability Burden of Proof +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

MUHAMMAD AIEREL DARWISH bin HAIRUL ANUAR (minor via father HAIRUL ANUAR BIN MUHAMMAD)

Plaintiff/perayu

AMER BIN MASURI

Defendant

MOHD RASHED BIN SAHRONI

Defendant

KEMENTERIAN PENDIDIKAN

Respondent

KERJAAN MALAYSIA

Respondent

Procedural Posture

Tort Negligence (personal Injury) / Trial Judgment (claim Dismissed); Appeal Filed

  1. 1 Whether defendants owed a duty of care to the plaintiff
  2. 2 Whether Defendant One breached the duty of care during high jump trials
  3. 3 Whether Defendant Two breached duty by failing to care for pupil safety on school premises

Ratio Decidendi

Court found Defendants One and Two owed a duty of care but plaintiff failed, on the balance of probabilities, to prove breach or that equipment/conditions were unsafe (defence evidence that equipment bought 2019 was in good condition and curriculum instruction existed). Accordingly, plaintiff's negligence claim is dismissed for failing to discharge burden of proof; costs RM5,000 awarded to defendants under Order 59 Rules of Court 2012.

Court Disposition

Plaintiff's claim dismissed for failure to prove breach of duty; costs awarded to defendants

Orders

  • Plaintiff's claim dismissed
  • Costs to defendants RM5,000 under Order 59 Rules of Court 2012