ENG KAH LEONG CHEE LAY HWA

ENG KAH LEONG CHEE LAY HWA

Appeal dismissed: the High Court held the Sessions Court judge properly evaluated evidence and law; factual findings that the plaintiff is limited to sedentary work and justified transfer to private hospital were supported by testimony and documents, the calculation for future loss (monthly loss RM1,530 less deductions with 12-year multiplier = RM103,680.00) was reasonable, and the full private medical expenses (RM52,559.44) were recoverable under the reasonableness test; appellate interference was unwarranted.

Citation
PA-12B-18-06/2025 (Mahkamah Tinggi)
Parties
Appellant/defendant: Eng Kah Leong; Respondent/plaintiff: Chee Lay Hwa
Court
High Court
Jurisdiction
Malaysia
Judgment Date
28 November 2025
Case Number
PA-12B-18-06/2025 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Personal Injury (road Traffic Accident) / High Court Appeal Against Sessions Court Judgment on Quantum After Full Trial
Outcome
Appeal dismissed; Sessions Court judgment affirmed
Legal Topics
Future Loss of Earnings, Private Hospital Medical Expenses, One Third Deduction Principle, Reasonableness Test, Multiplier Method, Assessment of Damages, Standard of Appellate Review
Source Language
Malay/English
Tort Personal Injury Road Traffic Accident Damages Law Evidence Law Medical Negligence/expenses Future Loss of Earnings Private Hospital Medical Expenses +5 more

Case Brief

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Parties

Eng Kah Leong

Appellant/defendant

Chee Lay Hwa

Respondent/plaintiff

Procedural Posture

Civil Appeal Personal Injury (road Traffic Accident) / High Court Appeal Against Sessions Court Judgment on Quantum After Full Trial

Legal Issues

  1. 1 Whether the trial judge correctly assessed future loss of earnings and the calculation method (monthly loss, deductions, multiplier)
  2. 2 Whether private hospital medical expenses are recoverable in full or should be reduced (one-third principle)
  3. 3 Whether the High Court should interfere with factual findings of the trial judge absent legal misdirection or failure to appreciate evidence

Ratio Decidendi

Appeal dismissed: the High Court held the Sessions Court judge properly evaluated evidence and law; factual findings that the plaintiff is limited to sedentary work and justified transfer to private hospital were supported by testimony and documents, the calculation for future loss (monthly loss RM1,530 less deductions with 12-year multiplier = RM103,680.00) was reasonable, and the full private medical expenses (RM52,559.44) were recoverable under the reasonableness test; appellate interference was unwarranted.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed

Orders

  • Rayuan ditolak dan keputusan Hakim Mahkamah Sesyen bertarikh 28.11.2025 dikekalkan dan disahkan
  • Perakuan penghakiman terhadap kuantum kehilangan pendapatan dan kos perubatan hospital swasta dikekalkan (future loss RM103,680.00; private medical expenses RM52,559.44)