Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Burden and standard of proof (balance of probabilities)

Legal area

Court

16 Jan 2023

MUHAMMAD MUFADZAL BIN AKBAR KHAN CHONG AI KHIM

Citation

PA-A73KJ-757-08/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

PA-A73KJ-757-08/2021 (Mahkamah Majistret)

The court accepted the plaintiff's version as inherently more probable because the investigating officer's neutral findings (road in good condition, tree located on the pavement two metres from carriageway, implausibility of motorcycle mounting pavement and hitting the tree) and material inconsistencies between the defendant's court testimony and prior statements by the defendant and his witness rendered the defendant's account unreliable; accordingly the defendant is 100% liable for negligence causing the accident.
15 Jul 2020

CHEAH KIM BOON 1. WFC PROPERTIES SDN BHD 2. WFC DEVELOPMENT SDN BHD

Citation

JA-12BNCVC--23-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12BNCVC--23-10/2019 (Mahkamah Tinggi)

Appeal allowed because the plaintiffs could not rely on s26(2) to overcome the six‑year limitation: they did not plead the fresh accrual exception, the alleged 2012 cheque and 2017 correspondence did not amount to part payment or an unequivocal written acknowledgment, the Sessions Court gave undue weight to oral evidence contradictory to the written SPA and to non‑contemporaneous documents whose makers were not called, and on the whole the plaintiffs failed to prove their claim on the balance of probabilities.