Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Assessment of factual findings on appeal

Legal area

Court

8 Nov 2023

GEORGIANA CHAI SIAW VUN LEKAMAS SDN BHD

Citation

AA-16A-2-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

AA-16A-2-02/2023 (Mahkamah Tinggi)

The High Court affirmed the Industrial Court: the Appellant admitted negligence and assent to repayment arrangements; documentary and testimonial evidence supported salary deductions, demotion and disciplinary steps; allegations of victimization and constructive dismissal were unproven and amounted to afterthoughts; there was no fundamental misdirection or 'plainly wrong' factual finding warranting interference, therefore the appeal is dismissed without costs.
5 May 2020

1. STELLA SUMATHI A/P ANTHONYSAMY (Membawa tindakan ini melalui ibu dan wakil litigasinya, Kedua) 2. KULANTHAI THERASAMAH A/P S. AMBROSE 1. RAMLEE BIN NAWIR 2. ROMIDAH BINTI ISMAIL

Citation

BA-12B-100-07/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-100-07/2019 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: contemporaneous police reports from the eyewitness and defendant, combined with photographic and vehicle damage evidence and investigating officers' findings, made it most probable the collision occurred while the plaintiff was crossing the road; both parties were partially at fault and liability was properly apportioned equally (50% each); appellate interference with the factual finding was unwarranted.