Malaysia Case Law: Decisions & Judgments

Topic

Expert evidence

Legal area

Court

5 Feb 2026

Ridhwan Hadibb bin Mohmad Haris 1. ) Herry Kurniawan 2. ) Plastech Manufacturing Sdn Bhd 3. ) AXA AFFIN GENERAL INSURANCE BERHAD

Citation

BA-12B-45-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-45-06/2025 (Mahkamah Tinggi)

The appeal is dismissed because the appellant failed on the balance of probabilities to prove respondents' negligence and a causal link between the 14.9.2018 accident and the later neurological deterioration; the Sessions Court's credibility findings and assessment of contributory negligence, delay, inconsistencies and refusal to undergo further tests were not plainly wrong and justify upholding the lower court's decision.
30 Jan 2026

Sime Darby Property (Bukit Jelutong) Sdn Bhd Rosli Bin Musa

Citation

B-02(C)(W)-594-04/2023 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(W)-594-04/2023 (Mahkamah Rayuan)

Court of Appeal affirmed High Court: purchasers proved existence and causation of defects by admissible oral and expert evidence; signatures on DRFs/FFs were forged and could not absolve developer; developer could not validly contract out of statutory protections in Schedule I in a manner defeating buyer protection; DLP bars only patent defects discoverable within period but does not bar claims for latent defects; rectification costs proven and awards upheld.
30 Jan 2026

Sime Darby Property (Bukit Jelutong) Sdn Bhd 1. ) ALBERT CHAI MIN CHUNG 2. ) ADELE LEONG BOON YIEN

Citation

B-02(C)(W)-596-04/2023 (Mahkamah Rayuan)
Court

C
Case number

B-02(C)(W)-596-04/2023 (Mahkamah Rayuan)

The Court of Appeal affirmed the High Court: purchasers proved existence of patent and latent defects and developer breached statutory/materials and workmanship obligations in the SPAs; contested DRFs/FFs were forged and inadmissible; developer could not contract out of Schedule I protections in the asserted manner; the DLP bars only patent defects discoverable within 24 months and does not preclude claims for latent defects; applications to admit fresh evidence and cross-appeals were dismissed/struck out; appellants' appeals dismissed and High Court judgment affirmed with costs.
19 Jan 2026

XXXX 1. ) DR ANNA PADMAVATHY A/P SOOSAI 2. ) DR MOHD AZLI BIN ABDUL HAMID 3. ) PRINCE COURT MEDICAL CENTRE SDN BHD

Citation

WA-23NCvC-30-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-30-04/2022 (Mahkamah Tinggi)

Plaintiff failed to prove on the balance of probabilities that any defendant breached the applicable standard of care or caused the plaintiff's septic arthritis; credible expert evidence for defendants and concessions/absence of supportive expert opinion for plaintiff established timely diagnosis and effective treatment, therefore all claims and the hospital's indemnity claim are dismissed and costs are awarded to defendants.
19 Jan 2026

XXXX 1. ) DR ANNA PADMAVATHY A/P SOOSAI 2. ) DR MOHD AZLI BIN ABDUL HAMID 3. ) PRINCE COURT MEDICAL CENTRE SDN BHD

Citation

WA-23NCvC-30-04/2022 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-30-04/2022 (Mahkamah Tinggi)

Plaintiff failed to prove breach of duty or causation: contemporaneous records and expert evidence established diagnosis and treatment were reasonable and timely, infection resolved with treatment, no credible evidence of NICU contamination or systemic failures, and unpleaded allegations lacked expert support; therefore defendants not liable and plaintiff's claim dismissed.
19 Dec 2025

NORSHUHADA BINTI SHAHARUDDIN 1. ) Syed Faizal Shah Bin Syed Gulzar Ali Shah Sebagai Wasi Tunggal Kepada Harta Pusaka Dr. Zarina Bibi Bt Shah Mohd [Si Mati] [No. Mmc: 22471] 2. ) Dr. Mohd Daud Bin Yahya 3. ) Hospital Bersalin & Poliklinik Pu

Citation

BA-23NCvC-56-11/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-23NCvC-56-11/2022 (Mahkamah Tinggi)

On the balance of probabilities the court accepted the plaintiff's expert (SP1) and contemporaneous records showing failures: inadequate continuous CTG monitoring, failure to obtain/record informed consent and risk advice, inappropriate use of vacuum, delay to perform caesarean and failure of hospital to ensure timely anaesthetist. Defendant1 and defendant3 were held liable; liability apportioned 50:50 between defendant1 and defendant3. No separate award for death of baby was allowed because claim did not plead damages for the baby; damages for maternal injuries and pain and suffering were aw…
18 Nov 2025

CHAN CHEAN GAIK ELEGANCE CLUB SDN. BHD.

Citation

WA-12BNCC-14-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCC-14-06/2025 (Mahkamah Tinggi)

Appellate court affirmed the trial judge's credibility-based factual findings: plaintiff met its burden, consignment notes and conduct established a consignment relationship (including implied consignment), defendant's expert evidence on signatures and gemology was unreliable, there was no persuasive evidence of gifts or fraud, and monetary damages in lieu of return were appropriate; accordingly the appeal was dismissed and costs ordered.
12 Nov 2025

XXXX 1. ) GOMBAK MEDICAL CENTRE SDN. BHD. 2. ) DR NOOR FIDAK BINTI SAMSUDIN 3. ) DR ZANA ZALINDA BINTI S MOHD GHAZALI

Citation

W-02(NCvC)(W)-1327-08/2024 (Mahkamah Rayuan)
Court

NCvC
Case number

W-02(NCvC)(W)-1327-08/2024 (Mahkamah Rayuan)

The Court held that the person in charge of a private obstetric facility owes a direct duty of care to patients to ensure timely access to necessary specialists (including neonatal paediatricians/anaesthetists); the first and second respondents breached that duty by failing to have neonatal paediatric care available and by unacceptably delaying transfer to a NICU, and that breach materially contributed to the plaintiff's hypoxic injury and consequent cerebral palsy; the delivering doctor (third respondent) was not negligent; appeal allowed against first and second respondents and dismissed ag…
29 Oct 2025

MARCUS MAR HUNG THAN ALUNAJATI SDN BHD

Citation

WA-12BNCvC-126-10/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-126-10/2024 (Mahkamah Tinggi)

Appellate court found on balance of probabilities that an oral renovation contract existed (using construction drawings and supervisory conduct by the appointed interior designer), that the respondent's workmanship and materials were defective as evidenced by the architect expert report, and that appellants proved actual losses in the form of payments made (RM143,326.02); accordingly the trial judgment was set aside in part and relief granted: refund, rescission with removal of defective works, half expert fee, rental compensation and costs.
13 Oct 2025

LIZIZ STANDACO SDN BHD Kerajaan Malaysia

Citation

WA-24NCC(ARB)-14-04/2025 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24NCC(ARB)-14-04/2025 (Mahkamah Tinggi)

The Court set aside the arbitral Award dated 20.1.2025 under s37(1)(b)(ii) of the Arbitration Act 2005 because the arbitrator awarded pre-award interest at 5% p.a. without giving the parties notice or an opportunity to address that rate and failed to consider with a fair and open mind the expert evidence and submissions on quantum, thereby breaching the rules of natural justice in a manner that could have materially affected the outcome.