XXXX LOO SENG AIK

XXXX LOO SENG AIK

The court found the defendant's version inherently more probable, held the plaintiff failed to discharge the burden of proof on the balance of probabilities to show defendant's negligence, and therefore dismissed the plaintiff's claim with costs.

Citation
KA-A73KJ-175-04/2023 (Mahkamah Majistret)
Parties
Plaintiff (minor Suing Through Father): Muhammad Ammar Firdaus bin Mohd Huzzaini; Defendant: Loo Seng Aik
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
9 May 2023
Case Number
KA-A73KJ-175-04/2023 (Mahkamah Majistret)
Procedural Posture
Civil Personal Injury / Negligence / Judgment (magistrates Court)
Outcome
Plaintiff's claim dismissed for failure to prove negligence; costs awarded to defendant
Legal Topics
Burden of Proof, Standard of Proof (balance of Probabilities), Liability, Quantum of Damages, Contributory Negligence
Source Language
Malay/English
Tort Negligence Personal Injury Evidence Burden of Proof Standard of Proof (balance of Probabilities) Liability Quantum of Damages +1 more

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Parties

Muhammad Ammar Firdaus bin Mohd Huzzaini

Plaintiff (minor Suing Through Father)

Loo Seng Aik

Defendant

Procedural Posture

Civil Personal Injury / Negligence / Judgment (magistrates Court)

Legal Issues

  1. 1 Whether the plaintiff took reasonable care when crossing the road (stopped/looked) or ran negligently into traffic
  2. 2 Whether the defendant drove negligently such that liability for the accident arises

Ratio Decidendi

The court found the defendant's version inherently more probable, held the plaintiff failed to discharge the burden of proof on the balance of probabilities to show defendant's negligence, and therefore dismissed the plaintiff's claim with costs.

Court Disposition

Plaintiff's claim dismissed for failure to prove negligence; costs awarded to defendant

Orders

  • Plaintiff's claim dismissed with costs
  • Costs to be taxed in accordance with the scale in the Court Rules 2012