Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Admissibility and weight of photographic evidence

  • 16 Feb 2022

    SIA PECK HONG SEBAGAI BALU YANG SAH DAN PENANGGUNGAN KEPADA ONG TIAN LIM SIMATI UNTUK DIRI SENDIRI XXXX

    Citation
    JA-12B-95-11/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    JA-12B-95-11/2020 (Mahkamah Tinggi)

    The plaintiff failed to prove on the balance of probabilities that the defendants' car caused the accident because eyewitness accounts were inconsistent or unreliable, the key photograph was not produced contemporaneously to police, the vehicle owner provided admissible evidence that the car was not in use and the chemist's report found no forensic link; accordingly the Sessions Court judgment dismissing the claim was affirmed.

    • Causation
    • Burden of proof (balance of probabilities)
    • Credibility of eyewitnesses
    • Admissibility and weight of photographic evidence
    • Ownership and agency liability
    • Forensic/chemical linkage of vehicles

  • 25 Feb 2021

    Ahmad Rashidi bin Yahya dan seorang lagi Projek Lebuhraya Usahasama Berhad

    Citation
    AB - 11 BNCVC - 6 - 08/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    AB - 11 BNCVC - 6 - 08/2019 (Mahkamah Tinggi)

    On the balance of probabilities the High Court found the existence of the iron block proved by photographs and vehicle undercarriage damage, held the highway concessionaire breached its duty to maintain the highway in a safe condition and was liable for the accident, apportioned liability 40% to the defendant and 60% to the driver (first plaintiff) for contributory negligence, held the second plaintiff (passenger) entitled to recover from the defendant, and on rehearing allowed the counterclaim to the extent that the defendant may seek contribution from the first plaintiff.

    • Duty of care of highway concessionaire
    • Apportionment of contributory negligence
    • Admissibility and weight of photographic evidence
    • Counterclaim and contribution
    • Assessment of damages