WILLIAM HENG WEIKHING TAN KEAT SEAN

WILLIAM HENG WEIKHING TAN KEAT SEAN

Appeal allowed because the Sessions Court's findings were plainly wrong or unsupported: the trial judge failed to consider adverse inference from plaintiff's failure to call key witness, failed to justify quantum and mitigation, and made material errors of fact and law; accordingly the Sessions Court judgment of 15.7.2022 was set aside and costs awarded to the appellant.

Citation
PA-12BNCvC-3-08/2022 (Mahkamah Tinggi)
Parties
Perayu/defendan: William Heng Weikhing; Responden/plaintif: Tan Keat Sean
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 January 2024
Case Number
PA-12BNCvC-3-08/2022 (Mahkamah Tinggi)
Procedural Posture
Appeal From Sessions Court / Judgment on Appeal
Outcome
Appeal allowed; judgment of Sessions Court dated 15.7.2022 set aside.
Legal Topics
Negligence, Vicarious Liability, Damages, Mitigation of Loss, Adverse Inference Under S114(g) Evidence Act 1950
Source Language
Malay/English
Tort Employment Law Evidence Civil Procedure Negligence Vicarious Liability Damages Mitigation of Loss +1 more

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Parties

William Heng Weikhing

Perayu/defendan

Tan Keat Sean

Responden/plaintif

Procedural Posture

Appeal From Sessions Court / Judgment on Appeal

Legal Issues

  1. 1 Whether defendant was liable for damage to third party vehicle arising from driving after repair
  2. 2 Whether employer was vicariously liable for employee's actions
  3. 3 Whether the Sessions Court made plainly wrong findings of fact or law warranting appellate intervention

Ratio Decidendi

Appeal allowed because the Sessions Court's findings were plainly wrong or unsupported: the trial judge failed to consider adverse inference from plaintiff's failure to call key witness, failed to justify quantum and mitigation, and made material errors of fact and law; accordingly the Sessions Court judgment of 15.7.2022 was set aside and costs awarded to the appellant.

Court Disposition

Appeal allowed; judgment of Sessions Court dated 15.7.2022 set aside.

Orders

  • Judgment of the Sessions Court dated 15 July 2022 is set aside
  • Costs of RM10000.00 to be paid by Respondent to Appellant