18 Dec 2024
RAHMAT BIN LING MOHD AJMAL BIN ABDUL JAMIL
- Citation
- CA-12B-2-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CA-12B-2-01/2022 (Mahkamah Tinggi)
Where trial judge's written grounds were not produced and the judge had retired, the High Court proceeded with a rehearing on the trial record; given the trial record (witness notes, investigator's statements, photographs and diagram) established the respondent was wholly responsible for the accident, the trial court's apportionment (appellant 75% respondent 25%) was unsupported and was set aside and replaced with a finding that the respondent is 100% liable. Remittance for retrial was inappropriate due to excessive delay causing prejudice.