Suresh a/l K. Yallomalai Yogeswaran a/l Ramasamy

Suresh a/l K. Yallomalai Yogeswaran a/l Ramasamy

The High Court allowed the appeals and set aside the Sessions Court's judgment on liability because the Sessions Court relied on inadmissible disputed documents and an insufficient evidential basis (primarily a number plate found hours later) to establish a causal link to vehicle XIII NAM 483; in the interests of justice a full retrial was ordered before the same Sessions Court judge and costs were to be in the cause of the retrial.

Citation
BA-12B-29-02/2019 (Mahkamah Tinggi)
Parties
Appellant (ba 12 B 29 02/2019); 3rd Respondent (ba 12 B 31 02/2019): Suresh A/L K. Yallomalai; Respondent (ba 12 B 29 02/2019 and BA 12 B 31 02/2019) / Plaintiff in Original Suit: Yogeswaran A/L Ramasamy; Appellant (ba 12 B 31 02/2019): Am General Insurance Berhad; 1st Respondent (ba 12 B 31 02/2019): Pemandu Kenderaan Bermotor XIII NAM 483; Named 1st Defendant in Original Suit (vehicle Owner/driver): Pemandu Kenderaan / Unidentified vehicle (as defendant in original suit)
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2022
Case Number
BA-12B-29-02/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (personal Injury/hit and Run) / High Court Hearing on Appeal and Decision Remitting Matter for Retrial
Outcome
Appeals allowed on liability; Sessions Court judgment on liability set aside; matter remitted for full retrial before the same Sessions Court judge; costs below and herein to be costs in the cause of the retrial.
Legal Topics
Re Trial, Amendment of Pleadings, Admissibility of Documents, Causal Link in Hit and Run Cases, Functus Officio, Independence of the Judiciary, Costs
Source Language
Malay/English
Civil Procedure Evidence Tort (negligence) Motor Vehicle Accident Law Judicial Administration Re Trial Amendment of Pleadings Admissibility of Documents +4 more

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Parties

Suresh A/L K. Yallomalai

Appellant (ba 12 B 29 02/2019); 3rd Respondent (ba 12 B 31 02/2019)

Yogeswaran A/L Ramasamy

Respondent (ba 12 B 29 02/2019 and BA 12 B 31 02/2019) / Plaintiff in Original Suit

Am General Insurance Berhad

Appellant (ba 12 B 31 02/2019)

Pemandu Kenderaan Bermotor XIII NAM 483

1st Respondent (ba 12 B 31 02/2019)

Pemandu Kenderaan / Unidentified vehicle (as defendant in original suit)

Named 1st Defendant in Original Suit (vehicle Owner/driver)

Procedural Posture

Civil Appeal From Sessions Court (personal Injury/hit and Run) / High Court Hearing on Appeal and Decision Remitting Matter for Retrial

Legal Issues

  1. 1 Whether the Sessions Court erred in principle by relying on disputed documents not tendered or marked as exhibits and by entering findings of liability based primarily on a number plate found hours after the collision
  2. 2 Whether the late amendment to the Statement of Claim and the manner in which it was permitted justified a retrial
  3. 3 Whether the High Court should order retrial before the same Sessions Court judge despite the judge's transfer

Ratio Decidendi

The High Court allowed the appeals and set aside the Sessions Court's judgment on liability because the Sessions Court relied on inadmissible disputed documents and an insufficient evidential basis (primarily a number plate found hours later) to establish a causal link to vehicle XIII NAM 483; in the interests of justice a full retrial was ordered before the same Sessions Court judge and costs were to be in the cause of the retrial.

Court Disposition

Appeals allowed on liability; Sessions Court judgment on liability set aside; matter remitted for full retrial before the same Sessions Court judge; costs below and herein to be costs in the cause of the retrial.

Orders

  • Appeals BA-12B-29-02/2019 and BA-12B-31-02/2019 allowed and the Sessions Court decision set aside
  • A full retrial to be held before the same Sessions Court judge