Malaysia Case Law: Decisions & Judgments

Topic

Assessment of expert evidence

Legal area

Court

24 Oct 2025

TAN SENG HIN 1. ) NGUYEN THI HANG 2. ) NG SING HEAD

Citation

BL-A53KJ-256-06/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A53KJ-256-06/2024 (Mahkamah Sesyen)

On the balance of probabilities the court accepted the Plaintiff’s consistent contemporaneous accounts and eyewitness corroboration, found the First Defendant’s accounts inconsistent and less probable, held the First Defendant negligent and the Defendants vicariously liable (100% liability), found no contributory negligence by the Plaintiff, and awarded general and special damages together with interest and costs as specified.
10 Sept 2024

1. ) KUMAR A/L SUPRAMANIAN 2. ) ANNALETCHUMI A/P KRISHNAN 1. ) KHAIRUL NIZAM BIN ABDULLAH 2. ) NUR AISYAH BINTI RASHID

Citation

NA-12BNCvC-1-01/2023 (Mahkamah Tinggi)
Court

High Court
Case number

NA-12BNCvC-1-01/2023 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court because the latest orthopaedic specialist reports were more credible than orthotist/prosthetist reports, plaintiffs failed to strictly prove special damages and future loss of earnings (no documentary proof or relevant witnesses and no mitigation), therefore the quantum awarded at trial is appropriate and the appeals on quantum lack merit.
18 Jan 2021

MOHD AZAM BIN CHE SEMAN MBC BERKAT ENTERPRISE

Citation

DA-11B-3-03/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-11B-3-03/2020 (Mahkamah Tinggi)

High Court allowed the appellant's challenge to the Magistrate's award of RM55,000 because the Magistrate erred in relying on registered valuer evidence (SP3) instead of JPPH certification required under LPPSA/PJB, and implied terms justified the appellant's actions where the contractor abandoned the site; however the defendant's counterclaim was dismissed due to lack of documentary proof; therefore the Magistrate's award to the plaintiff was set aside and the rejection of the counterclaim was upheld.

Malaysia Case Law

TAN SENG HIN 1. ) NGUYEN THI HANG 2. ) NG SING HEAD

1. ) KUMAR A/L SUPRAMANIAN 2. ) ANNALETCHUMI A/P KRISHNAN 1. ) KHAIRUL NIZAM BIN ABDULLAH 2. ) NUR AISYAH BINTI RASHID

MOHD AZAM BIN CHE SEMAN MBC BERKAT ENTERPRISE