MOHD ASHARI BIN A BAKAR 1. ) DEREK BIN JOHN 2. ) HIGHTRI MECHANICAL & INSULATION SDN BHD

MOHD ASHARI BIN A BAKAR 1. ) DEREK BIN JOHN 2. ) HIGHTRI MECHANICAL & INSULATION SDN BHD

The plaintiff failed to discharge the burden of proof on liability because his in-court testimony materially contradicted his earlier police report and pleaded particulars; the defendant's contemporaneous police report and courtroom evidence were consistent and more probable on the balance of probabilities, including physical damage consistent with defendant's version; accordingly plaintiff's case on negligence failed.

Citation
JA-A53KJ-567-09/2021 (Mahkamah Sesyen)
Parties
Plaintiff: Mohd Ashari bin A Bakar; Defendant: Derek bin John; Defendant: Hightri Mechanical & Insulation Sdn Bhd
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
22 September 2022
Case Number
JA-A53KJ-567-09/2021 (Mahkamah Sesyen)
Procedural Posture
Civil Personal Injury (motor Vehicle Negligence) / Trial Judgment (reasons Delivered)
Outcome
Plaintiff's claim dismissed with costs
Legal Topics
Negligence, Liability, Damages (general and Special), Onus of Proof, Admissibility and Weight of Police Reports, Parol Evidence Rule, Assessment of Quantum
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Law Evidence Law Negligence Liability Damages (general and Special) Onus of Proof +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 13 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Mohd Ashari bin A Bakar

Plaintiff

Derek bin John

Defendant

Hightri Mechanical & Insulation Sdn Bhd

Defendant

Procedural Posture

Civil Personal Injury (motor Vehicle Negligence) / Trial Judgment (reasons Delivered)

Legal Issues

  1. 1 Whether the plaintiff proved defendant's negligence on balance of probabilities
  2. 2 Whether plaintiff's oral testimony contradicting his police report and pleadings undermines his case
  3. 3 Admissibility and weight of contemporaneous police reports versus later oral testimony

Ratio Decidendi

The plaintiff failed to discharge the burden of proof on liability because his in-court testimony materially contradicted his earlier police report and pleaded particulars; the defendant's contemporaneous police report and courtroom evidence were consistent and more probable on the balance of probabilities, including physical damage consistent with defendant's version; accordingly plaintiff's case on negligence failed.

Court Disposition

Plaintiff's claim dismissed with costs

Orders

  • Plaintiff's claim dismissed with costs
  • Documentary costs and action costs to be taxed/assessed as per usual practice