28 Nov 2025
Appellate court found no basis to interfere with the Sessions Court's assessment of quantum under the 'plainly wrong' standard, affirmed the Sessions Court's quantum awards, but allowed the appeal in part to reallocate liability as 100% to the Defendant because she turned across ongoing traffic while the Plaintiff was within speed limit.
12 Sept 2024
The High Court found the Sessions Court was correct that the 1st Defendant swerved into the emergency lane and was negligent but erred by failing to assess plaintiffs' own conduct; applying contributory negligence principles the Plaintiffs were 20% to blame and Defendants 80%. P2's spinal injury was paraplegia (not quadriplegia) so general damages for spinal injury reduced to RM300,000. Future nursing care award maintained in kind (one domestic helper and one specially trained nurse) but duration adjusted to 34 remaining years of life expectancy reduced by one-third for contingencies (23 year…
31 Jul 2023
After evaluating the parties' authorities and medical reports, the court applied established principles on overlapping injuries and the Revised Compendium to quantify general and special damages item-by-item; the court awarded specific sums for each injury and for proved special damages, disallowed travel claims for lack of proof, granted interest (5% p.a. on general damages from date of accident to judgment and 5% p.a. from judgment until full settlement; 2.5% p.a. on special damages from date of accident to judgment) and costs on the scale; the assessed awards were held to be fair and appro…
13 Apr 2023
On the balance of probabilities the court accepted plaintiff's version that defendant1 turned right into plaintiff's lane without ensuring it was safe despite signalling, thus defendant1 was 80% negligent and plaintiff 20% contributorily negligent; the court awarded compensatory general and special damages based on medical evidence, Compendium 2018 guidance and accepted reasonable allowances for loss of earnings and future loss of capacity given plaintiff's age and injuries.
1 Jan 2023
Defendant breached the PJB by failing to deliver vacant possession with CCC within the contractual 24 months; Plaintiff is entitled to pursue general and special damages under Section 74 in addition to LAD where losses are proven; Plaintiff failed to prove speculative loss of rental income and diminution but proved loss of quiet enjoyment and inconvenience and specific proved costs; therefore Plaintiff's partial claims succeed and Defendant is liable for specified damages, interest and costs.