LIM KUI TEONG MD NOOR BIN ISMAIL

LIM KUI TEONG MD NOOR BIN ISMAIL

The High Court allowed the appeal in part because the Sessions Judge committed material methodological errors—accepting possibilities as certainties for future treatment, failing to apply probability and contingency discounts, unduly favouring some expert reports and permitting overlapping awards—such that several heads constituted wholly erroneous estimates; the awards were revised head-by-head and the cross-appeal was dismissed.

Citation
JA-12B-63-09/2023 (Mahkamah Tinggi)
Parties
Perayu / Defendan: LIM KUI TEONG; Responden / Plaintif: MD NOOR BIN ISMAIL
Court
High Court
Jurisdiction
Malaysia
Judgment Date
27 February 2026
Case Number
JA-12B-63-09/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (quantum of Damages) / High Court Judgment on Appeal
Outcome
Appeal allowed in part; cross-appeal dismissed
Legal Topics
Quantum of Damages, Future Loss of Earnings, Medical Expenses, Double Recovery, Appellate Interference
Source Language
Malay/English
Tort Personal Injury Civil Procedure Damages Quantum of Damages Future Loss of Earnings Medical Expenses Double Recovery +1 more

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Parties

LIM KUI TEONG

Perayu / Defendan

MD NOOR BIN ISMAIL

Responden / Plaintif

Procedural Posture

Civil Appeal (quantum of Damages) / High Court Judgment on Appeal

Legal Issues

  1. 1 What is the proper scope of appellate interference with trial court assessments of quantum?
  2. 2 Whether the Sessions Court misapplied principles in assessing future losses, expert evidence, contingency adjustments and overlapping injuries
  3. 3 Whether specific heads of award are reasonable or constitute a wholly erroneous estimate warranting revision

Ratio Decidendi

The High Court allowed the appeal in part because the Sessions Judge committed material methodological errors—accepting possibilities as certainties for future treatment, failing to apply probability and contingency discounts, unduly favouring some expert reports and permitting overlapping awards—such that several heads constituted wholly erroneous estimates; the awards were revised head-by-head and the cross-appeal was dismissed.

Court Disposition

Appeal allowed in part; cross-appeal dismissed

Orders

  • Decision of the Sessions Court dated 25.9.2024 set aside insofar as quantum and replaced with revised awards as detailed in the judgment
  • Total revised award payable to Respondent: RM271,483.12