HARTA PESAKA MOHAMMAD SHAZRIN BIN HASSAN 1. ) NAGA CHITTRA A/P RAJAGOPAL 2. ) KAVIEPHRIYA A/P MAHENDRAN 3. ) SHIVALAKSHMI A/P MAHENDRAN 4. ) SARANYA A/P MAHENDRAN 5. ) ILAIYA ROJA A/P MAHENDRAN 6. ) KAVI THASAN A/L NAGAMUTHU 7. ) KAPAR FLOR

HARTA PESAKA MOHAMMAD SHAZRIN BIN HASSAN 1. ) NAGA CHITTRA A/P RAJAGOPAL 2. ) KAVIEPHRIYA A/P MAHENDRAN 3. ) SHIVALAKSHMI A/P MAHENDRAN 4. ) SARANYA A/P MAHENDRAN 5. ) ILAIYA ROJA A/P MAHENDRAN 6. ) KAVI THASAN A/L NAGAMUTHU 7. ) KAPAR FLOR

The review application was dismissed because the Applicant failed to demonstrate the requisite exceptional circumstances to justify review of this Court's earlier refusal of leave to appeal; the Court independently assesses leave regardless of respondents' non‑objection and found no denial of natural justice or other grounds warranting review.

Citation
B-08(Review)-12-07/2021 (Mahkamah Rayuan)
Parties
Applicant (estate of Deceased): Harta Pesaka Mohammad Shazrin bin Hassan; 1st Respondent (suing as Wife and Lawful Dependent of Mahendran A/l Narasimaloo Deceased): Naga Chittra A/P Rajagopal; 2nd Respondent (child and Dependent of Mahendran A/l Narasimaloo Deceased): Kaviephriya A/P Mahendran; 3rd Respondent (child and Dependent of Mahendran A/l Narasimaloo Deceased): Shivalakshmi A/P Mahendran; 4th Respondent (child and Dependent of Mahendran A/l Narasimaloo Deceased): Saranya A/P Mahendran; 5th Respondent (child and Dependent of Mahendran A/l Narasimaloo Deceased): Ilaiya Roja A/P Mahendran; 6th Respondent (driver of Lorry): Kavi Thasan A/L Nagamuthu; 7th Respondent (owner of Lorry): Kapar Florist Enterprise
Court
Review
Jurisdiction
Malaysia
Judgment Date
6 April 2023
Case Number
B-08(Review)-12-07/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Application for Leave to Review Refusal of Leave to Appeal (court of Appeal) / Review Application Heard and Dismissed; Grounds Delivered
Outcome
Application for leave to review dismissed
Legal Topics
Leave to Appeal, Review of Court Decision, Inherent Jurisdiction, Finality of Litigation, Costs
Source Language
Malay/English
Civil Procedure Appellate Law Tort Negligence Judicial Review/inherent Jurisdiction Leave to Appeal Review of Court Decision Inherent Jurisdiction Finality of Litigation +1 more

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Parties

Harta Pesaka Mohammad Shazrin bin Hassan

Applicant (estate of Deceased)

Naga Chittra A/P Rajagopal

1st Respondent (suing as Wife and Lawful Dependent of Mahendran A/l Narasimaloo Deceased)

Kaviephriya A/P Mahendran

2nd Respondent (child and Dependent of Mahendran A/l Narasimaloo Deceased)

Shivalakshmi A/P Mahendran

3rd Respondent (child and Dependent of Mahendran A/l Narasimaloo Deceased)

Saranya A/P Mahendran

4th Respondent (child and Dependent of Mahendran A/l Narasimaloo Deceased)

Ilaiya Roja A/P Mahendran

5th Respondent (child and Dependent of Mahendran A/l Narasimaloo Deceased)

Kavi Thasan A/L Nagamuthu

6th Respondent (driver of Lorry)

Kapar Florist Enterprise

7th Respondent (owner of Lorry)

Procedural Posture

Civil Application for Leave to Review Refusal of Leave to Appeal (court of Appeal) / Review Application Heard and Dismissed; Grounds Delivered

Legal Issues

  1. 1 Whether this Court should exercise its inherent jurisdiction to review its earlier refusal of leave to appeal
  2. 2 Whether the Applicant demonstrated exceptional circumstances to justify review
  3. 3 Whether non‑objection by respondents compels grant of leave or review

Ratio Decidendi

The review application was dismissed because the Applicant failed to demonstrate the requisite exceptional circumstances to justify review of this Court's earlier refusal of leave to appeal; the Court independently assesses leave regardless of respondents' non‑objection and found no denial of natural justice or other grounds warranting review.

Court Disposition

Application for leave to review dismissed

Orders

  • Application dismissed
  • Costs of RM20,000.00 awarded to 1st to 5th Respondents, subject to allocatur