26 Sept 2025
THAM MAN LOONG LEE HUAN CHENG
- Citation
- JA-11B-1-04/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-11B-1-04/2024 (Mahkamah Tinggi)
The appellate court found the Magistrate materially misappreciated objective physical evidence (damage locations, police reports and investigator's findings). The consistent pattern of frontal damage to the Plaintiff's motorcycle and rear damage to the Defendant's motorcycle, together with the Plaintiff's admitted speed and summons for failing to keep a safe distance, established on a balance of probabilities that the collision was a rear-end impact caused by the Plaintiff's failure to maintain a safe following distance; accordingly the Magistrate's apportionment was set aside and liability p…