27 Jan 2021
Mohamad Badrul Hisham bin Mohd Yaacob Siti Nora Ashikin binti Mohd Nafi
- Citation
- DA-12A-5-05/2019 & DA-12B-17-05/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-12A-5-05/2019 & DA-12B-17-05/2019 (Mahkamah Tinggi)
Reopening the defendant's case was properly refused because the defendant failed to provide any satisfactory explanation for delay or missing expert report despite ample time; late expert quotations introduced at trial amounted to trial by ambush and were inadmissible under court rules, and on quantum the court confirmed and adjusted specific damages: general damages RM70,000 (brachial plexus), RM9,000 (deep laceration), RM8,000 (scars); allowed pre-trial care RM5,400, future care RM5,400, uplifted loss of earning to RM281,664 and upheld prosthesis award RM786,859.