Malaysia Case Law: Decisions & Judgments

Topic

Assessment of quantum

Legal area

Court

13 Apr 2026

1. ) D Sanmuganathan A/l Thramalingam (Menuntut Sebagai Bapa Dan Tangungan Yang Sah Kepada Piraveen Kumar A/l D Sanmuganathan( Simati) 2. ) Thanaletchumy A/p Subramani (Menuntut Sebagai Ibu Dan Tanggungan Yang Sah Kepada Piraveen Kumar A/l

Citation

BD-A53KJ-27-02/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BD-A53KJ-27-02/2024 (Mahkamah Sesyen)

On the balance of probabilities plaintiffs failed to prove defendants were negligent; contemporaneous police investigation, scene evidence and chemical analysis established the deceased was intoxicated, riding a high-powered motorcycle without a valid licence and not wearing a helmet, and the physical evidence showed impact consistent with the motorcycle entering the lorrys path; loss of dependency was not proved by cogent evidence; accordingly claim dismissed but limited special damages under s7(3) allowed based on proved receipts.
8 Apr 2026

QINDAR BUSINESS SOLUTION HOLZERN FURNITURE SDN BHD

Citation

JB-12BNCvC-24-09/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12BNCvC-24-09/2025 (Mahkamah Tinggi)

The appeal is dismissed because the trial judge correctly found the appellant failed to prove a binding contract or the defendant's indebtedness on the balance of probabilities; the confirmation document did not amount to an admission of debt given doubts on provenance and inconsistency with auditor practice; the sole witness's credibility was undermined and the claimed quantum was uncertain, so no appellate intervention was warranted.
24 Feb 2026

1. ) MOHD TARMIZI BIN MOHAMED NASIR 2. ) XXXX 1. ) NUR FATIHAH BINTI BAHARUDIN 2. ) AMINAH BINTI KHAMIS

Citation

TA-A53KJ-76-03/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53KJ-76-03/2024 (Mahkamah Sesyen)

Defendants' appeal dismissed. Court held Defendants 100% liable because Defendant 1 admitted turning right into Plaintiffs' lane and misjudged clearance; Plaintiffs were riding lawfully and in their lane; late MRI evidence did not break causation because contemporaneous clinical notes, specialist examinations and expert evidence linked ongoing neck pathology to the accident; some claims reduced or rejected for failure to mitigate or lack of evidential support. Quantum awarded as itemised and costs and statutory interest granted as ordered.
11 Feb 2026

XXXX 1. ) AHMAD MURSYIDIN BIN ABDULLAH 2. ) YAYASAN ISLAM TERENGGANU

Citation

TA-B53-1-01/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B53-1-01/2023 (Mahkamah Sesyen)

On the balance of probabilities the court found the defendants' version (that the child fell while playing) more credible than the plaintiff's version; plaintiff failed to discharge the burden of proof on liability and quantum beyond a limited medical assessment; insufficient basis for finding assault or a breach amounting to actionable battery by Defendant 1 and insufficient connection to impose vicarious liability on Defendant 2; accordingly the plaintiff's wider claims were rejected and only limited compensation aligned to medical injury assessment was accepted.
29 Jan 2026

PERAK INTEGRATED NETWORK SERVICES SDN BHD 1. ) PINS OSC & MAINTENANCE SERVICES SDN BHD 2. ) URBAN DOMAIN SDN BHD

Citation

03-6-08/2024(W) (Mahkamah Persekutuan)
Court

W
Case number

03-6-08/2024(W) (Mahkamah Persekutuan)

The Federal Court held that (1) the subsequent winding up of the JV company did not limit the period for assessment of quantum and Appeals 5 and 6 are dismissed; (2) the Liability Judgment must be interpreted in its factual and contractual context so that costs and expenses incurred in generating revenue are deductible when assessing quantum — Appeal 26 is allowed in part; the Court remitted the matter to the High Court for recalculation of quantum taking into account the agreed heads of costs and the Extended License Period and ordered further expert reporting and directions.
27 Mar 2025

AENDRAA AZHAR BIN ABDUL AZIZ ISKANDAR SHAH BIN ABDULLAH

Citation

CA-B52C-6-10/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-B52C-6-10/2023 (Mahkamah Sesyen)

On the balance of probabilities the Plaintiff proved the Defendant breached the renovation contract by failing to complete works by 12/5/2023, producing defective and non-conforming work; unchallenged documentary evidence and consultant reports established Plaintiff's losses totalling RM210,700 which the Defendant must pay with interest at 5% per annum from the date of filing; Defendant's counterclaim was unsupported and dismissed; Defendant's failure to give evidence permitted adverse inferences under s114(g) Evidence Act 1950 and influenced the court's assessment.
30 Oct 2024

KENDERAAN BAS MARA TAN KAR SENG

Citation

CH-A73KJ-60-11/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CH-A73KJ-60-11/2023 (Mahkamah Majistret)

Defendant was validly served and defaulted; liability was entered at 100%. The plaintiff proved some special damages with admissible documents (repair cost, adjuster report, JPJ search) and was awarded RM19,628.50 for special damages and RM10,000 for general damages. The larger loss-of-use claim was not proved and was rejected. Interest and costs were awarded as specified by the Court.
14 Oct 2024

1. ) VIJAYAN A/L KUMARAN 2. ) PENGANGKUTAN PKS(TRIANG) SDN. BHD. 1. ) ELIZABETH A/P GUANDAS 2. ) PAVALAIE A/P KOLENDEDELOO

Citation

NA-12BNCvC-3-02/2024 (Mahkamah Tinggi)
Court

High Court
Case number

NA-12BNCvC-3-02/2024 (Mahkamah Tinggi)

On the balance of probabilities the High Court affirmed the Sessions Court: the lorry was parked in a prohibited part of the carriageway at the mouth of a junction, without warning signs, and this conduct materially caused the collision; liability apportioned 75% to Defendants and 25% contributory negligence to deceased; the mother's unproven RM3,000 monthly dependency claim was rejected; appeals and cross-appeals dismissed with costs borne by the respective parties.
10 Sept 2024

TING HOCK TIONG 1. ) CHANDRA A/L SURINARAYANAN 2. ) YUEN TUNG ENGINEERING WORKS

Citation

AH-A73KJ-12-01/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AH-A73KJ-12-01/2022 (Mahkamah Majistret)

Defendants were entitled to nominal damages because they sought relief in their defence but failed to particularise or prove actual losses; applying relevant authorities the court awarded RM2000 as nominal damages and declined to award interest on that sum.
24 Jan 2024

1. ) JURAINI BINTI MAULOD 2. ) MOHAMAD SUHAIMI BIN ABDUL GHANI MOHAMAD KHAIRUL IZWAN BIN RAMLI

Citation

JA-12B-91-12/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-91-12/2022 (Mahkamah Tinggi)

The appeal is dismissed because the trial judge reasonably exercised discretion to proceed after absence of counsel, afforded due process, and the unchallenged evidence and expert reports sufficiently supported findings of 100% liability and the quantum awarded; no sufficient basis existed to order a retrial or recall for cross-examination.