14 Jul 2023
Mohd Azzeli Bin Hussin 1. ) TAN CHEE CHUAN FRUITS SUPPLY 2. ) Hiap Seng Heng Construction Sdn Bhd 3. ) Kumaresan A/l Mutoraman
- Citation
- WA-12BNCvC-146-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-146-10/2022 (Mahkamah Tinggi)
Appellant's appeal allowed: respondents failed to prove their proposed prosthesis was registered/approved under the Medical Device Act 2012 and the court drew an adverse inference under s114(g); appellant's proposed prosthesis was shown to be MDA‑registered and more suitable; accordingly award for prosthesis increased to RM3,160,000. The court also held that following amendments to the Civil Law Act (ss 7(3) and 28A) deductions for future contingencies (eg one‑third) are not appropriate and therefore the respondents' cross‑appeal seeking such a deduction is dismissed.