Malaysia Case Law: Decisions & Judgments

Topic

Appeal review of factual findings

Legal area

Court

24 Jul 2024

1. ) SAFIEE BIN DERANI 2. ) T.S.T LOGISTICS SDN BHD NAZIR FIKRI BIN NAYAN

Citation

PA-12B-30-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-30-10/2023 (Mahkamah Tinggi)

The High Court upheld the Sessions Court's factual findings and apportionment of liability (90% defendants, 10% plaintiff) because the trial judge's findings were supported by evidence and proper legal principles; the court upheld the general and most special damages but increased the award for care-related items from RM290,117.00 to RM752,842.00 based on unchallenged expert evidence, and ordered costs as stated.
30 Aug 2021

GERALD LIM VIN ZHE MOHD FAUZI BIN ABDUL AZIZ

Citation

KA-11BNCvC-6-07/2020 (Mahkamah Tinggi)
Court

High Court
Case number

KA-11BNCvC-6-07/2020 (Mahkamah Tinggi)

Magistrate's 50:50 apportionment was set aside because objective scene evidence (absence of debris on left lane, presence of broken glass and debris at marked area F in right lane, skid marks attributed to Plaintiff's van, and consistent vehicle damage photos) established the point of impact in the Defendant's lane (A3–A4) and that the Plaintiff's van crossed into Defendant's lane; accordingly Plaintiff held 100% negligent. The RM25,000 damages award was excessive for a healed unilateral left clavicle fracture without shortening or work impairment; reduced to RM15,000 following Compendium 201…
26 Jun 2019

1.Goh Boon Pin 2. Chuang Yeh Construction (M) Sdn Bhd Abilashinee a/p Maran

Citation

12B-48-03/2017 (Mahkamah Tinggi)
Court

High Court
Case number

12B-48-03/2017 (Mahkamah Tinggi)

The sessions judge's finding that the first appellant encroached was a factual finding entitled to deference; there was no clear error or basis to conclude the judge was plainly wrong on liability, and the damages awarded were not inordinately high, therefore the appeal is dismissed and the sessions court orders are affirmed.

Malaysia Case Law

1. ) SAFIEE BIN DERANI 2. ) T.S.T LOGISTICS SDN BHD NAZIR FIKRI BIN NAYAN

GERALD LIM VIN ZHE MOHD FAUZI BIN ABDUL AZIZ

1.Goh Boon Pin 2. Chuang Yeh Construction (M) Sdn Bhd Abilashinee a/p Maran