1. SOO HON CHIEW 2. LIM KOK YAH 1. TAN CHUN HAN 2. ELITE AIRCONDITIONING & ENGINEERING PTE LTD (NO. SYARIKAT: 200813679H)

1. SOO HON CHIEW 2. LIM KOK YAH 1. TAN CHUN HAN 2. ELITE AIRCONDITIONING & ENGINEERING PTE LTD (NO. SYARIKAT: 200813679H)

The High Court refused to disturb the Sessions Court's quantum except where the Plaintiffs demonstrated under the applicable legal tests that the award was plainly erroneous; the Compendium is a persuasive guide; evidence supported the Sessions Court on NSAIDs and actual loss; loss of earning capacity award was reasonable under the applicable principles and Sivakumar is only a guideline; cross‑appeal on osteoarthritis succeeded and award increased in accordance with authorities.

Citation
JA-12B-63-12/2019 (Mahkamah Tinggi)
Parties
Appellant/defendant: SOO HON CHIEW; Appellant/defendant: LIM KOK YAH; Respondent/plaintiff: TAN CHUN HAN; Respondent/plaintiff: ELITE AIRCONDITIONING & ENGINEERING PTE LTD (NO. SYARIKAT: 200813679H)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
23 September 2020
Case Number
JA-12B-63-12/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (personal Injury Appeal and Cross Appeal Against Sessions Court Quantum Award) / High Court Appeal From Sessions Court Judgment on Quantum of Damages
Outcome
Defendants' appeal dismissed; Plaintiffs' cross‑appeal allowed in part
Legal Topics
Quantum of Damages, Loss of Earning Capacity, Overlapping Injuries, Use of Compendium of Awards, Admissibility of Medical Certificates and Payslips
Source Language
Malay/English
Tort Personal Injury Civil Procedure Evidence Quantum of Damages Loss of Earning Capacity Overlapping Injuries Use of Compendium of Awards +1 more

Case Brief

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Parties

SOO HON CHIEW

Appellant/defendant

LIM KOK YAH

Appellant/defendant

TAN CHUN HAN

Respondent/plaintiff

ELITE AIRCONDITIONING & ENGINEERING PTE LTD (NO. SYARIKAT: 200813679H)

Respondent/plaintiff

Procedural Posture

Civil Appeal (personal Injury Appeal and Cross Appeal Against Sessions Court Quantum Award) / High Court Appeal From Sessions Court Judgment on Quantum of Damages

Legal Issues

  1. 1 Whether the High Court should interfere with the Sessions Court judge's assessment of quantum
  2. 2 Whether awards for multiple injuries overlapping the same anatomical area constituted double recovery
  3. 3 Whether award for NSAIDs and actual loss of earnings were supported by admissible evidence

Ratio Decidendi

The High Court refused to disturb the Sessions Court's quantum except where the Plaintiffs demonstrated under the applicable legal tests that the award was plainly erroneous; the Compendium is a persuasive guide; evidence supported the Sessions Court on NSAIDs and actual loss; loss of earning capacity award was reasonable under the applicable principles and Sivakumar is only a guideline; cross‑appeal on osteoarthritis succeeded and award increased in accordance with authorities.

Court Disposition

Defendants' appeal dismissed; Plaintiffs' cross‑appeal allowed in part

Orders

  • Defendants' appeal dismissed
  • Plaintiffs' cross‑appeal allowed only in respect of osteoarthritis and award for osteoarthritis set at MYR20000