1. SOO HOO SENG KOON 1. LEE SENG 2. LENG WOOI KOK

1. SOO HOO SENG KOON 1. LEE SENG 2. LENG WOOI KOK

The Court of Appeal held that the Magistrate's factual findings that the plaintiff sustained four rib fractures and haemothorax in the 21.1.2011 accident were supported by subsequent CT imaging and consistent expert testimony; the High Court misdirected itself by discounting that evidence and substituting its own view, so the Magistrate's award (including RM24,000 for the four rib fractures) was reinstated.

Citation
P-04(W)-14-01/2018 (Mahkamah Rayuan)
Parties
Appellant/plaintiff: Soo Hoo Seng Koon; Respondent/defendant: Lee Seng; Respondent/defendant: Leng Wooi Kok
Court
W
Jurisdiction
Malaysia
Judgment Date
20 March 2019
Case Number
P-04(W)-14-01/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; High Court decision set aside; Magistrate decision reinstated
Legal Topics
Motor Vehicle Accident, Quantum of Damages, Evidentiary Weight of Medical Reports, Appellate Review of Findings of Fact
Source Language
Malay/English
Tort Personal Injury Civil Procedure Medical Evidence Motor Vehicle Accident Quantum of Damages Evidentiary Weight of Medical Reports Appellate Review of Findings of Fact

Case Brief

Summary, issues, holding and outcome

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Parties

Soo Hoo Seng Koon

Appellant/plaintiff

Lee Seng

Respondent/defendant

Leng Wooi Kok

Respondent/defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the plaintiff proved fractures of four ribs resulted from the road traffic accident on 21.1.2011
  2. 2 Whether the High Court erred in rejecting unchallenged testimony and medical expert evidence and substituting its own findings of fact
  3. 3 Appropriate quantum for rib fractures based on medical evidence and compendium/precedent

Ratio Decidendi

The Court of Appeal held that the Magistrate's factual findings that the plaintiff sustained four rib fractures and haemothorax in the 21.1.2011 accident were supported by subsequent CT imaging and consistent expert testimony; the High Court misdirected itself by discounting that evidence and substituting its own view, so the Magistrate's award (including RM24,000 for the four rib fractures) was reinstated.

Court Disposition

Appeal allowed; High Court decision set aside; Magistrate decision reinstated

Orders

  • Appeal allowed with costs
  • Decision of the High Court set aside