Malaysia Case Law: Decisions & Judgments

Topic

Liability

Legal area

Court

9 Apr 2026

FARISHA AZWA BINTI ABDULLAH - Menuntut sebagai balu menurut hukum dan orang tanggungan kepada MUHAMAD KHAIRUL NIDZAN BIN CHE SOH, simati 1. ) ABDUL RAHMAN BIN SETIN 2. ) SJPOM LOGISTICS SDN BHD

Citation

DI-A53KJ-17-05/2025 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DI-A53KJ-17-05/2025 (Mahkamah Sesyen)

On the balance of probabilities the court found the motorcycle entered the lawful lane of the Defendant First (or moved into the opposing lane) before the collision, supported by contemporaneous photographs, police diagrams and witness SD1; there was no reliable evidence of negligence by Defendant First and thus the deceased (and hence Plaintiff) bears 100% liability; Plaintiff's claim is dismissed.
3 Apr 2026

1. ) NORLIYANA BINTI IBRAHIM 2. ) XXXX 1. ) NOR MAZLAN BIN HASSAN 2. ) FONG YI INDUSTRIES SDN BHD

Citation

BA-A53KJ-354-09/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-A53KJ-354-09/2024 (Mahkamah Sesyen)

On the balance of probabilities the defendant was 100% liable because CCTV/dashcam and investigator evidence demonstrated the defendant fell asleep and lost control; the deceased did not obstruct traffic and therefore bore no contributory negligence, making defendant the sole cause of the fatal collision.
9 Feb 2026

Arif Hilmi bin Abdul Fatah Safiai bin Mohamed

Citation

DA-B53KJ-24-09/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-B53KJ-24-09/2023 (Mahkamah Sesyen)

Defendant, having failed to give evidence and confronted with police and witness evidence and damage patterns, was held 100% negligent for making an unsafe U-turn into Plaintiff's lane; Plaintiff bore no contributory negligence; damages assessed item-by-item on medical and comparative authorities and future loss awarded on accepted income and multiplier.
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.
11 Dec 2025

1. ) MOHAMAD ZAHIRI BIN ZAWAWI 2. ) ZAWAWI BIN YUSOFF MOHAMAD AKMAL BIN AZLAN

Citation

DA-A53KJ-621-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-A53KJ-621-06/2023 (Mahkamah Sesyen)

The court found the Plaintiffs' version inherently more probable based on consistent oral evidence, the police investigation findings and location of debris; Defendant's inconsistent reports and failure to call a relevant passenger justified an adverse inference; thus Defendant was 100% liable and the detailed awards for general and special damages were appropriate and reasonable given the permanent injuries and future care needs.
10 Dec 2025

KARTIGEYAN A/L JAYACELAM 1. ) TAN TEE ENG 2. ) SYARIKAT KENDERAAN ANI-CHUAH SDN.BHD

Citation

KF-A53KJ-54-04/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KF-A53KJ-54-04/2023 (Mahkamah Sesyen)

Defendants were 100% liable because the motor trailer was parked unlawfully on road yellow lines and created a dangerous obstruction without warning signs; plaintiff took the only reasonable evasive action against an encroaching motorcar and there was no sufficient evidence of contributory negligence to reduce defendants' liability; damages were awarded on the assessed heads and special damages as proved.
19 Nov 2025

Mohd Zaid Bin Abdul Mutalib Muhamad Amirul Bin Mustaffa

Citation

PA-12B-16-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

PA-12B-16-05/2021 (Mahkamah Tinggi)

The Sessions Court’s factual findings that the pattern and location of damage (rear damage to plaintiff's motorcycle and front/left damage to defendant's motorcycle), corroboration by an independent eyewitness and a mechanic, and the defendant's multiple materially inconsistent versions rendered the defendant not credible; on the balance of probabilities the defendant was 100% liable; the appellate court will not disturb those findings because the trial judge was not plainly wrong.
4 Nov 2025

MUHAMAD NORAZLI BIN AZMAN 1. ) SUBRAMONI A/L RAMASAMY 2. ) HARISRITARAN A/L RAMESH PENCELAH PACIFIC & ORIENT INSURANCE CO. BERHAD

Citation

BE-A73KJ-23-07/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BE-A73KJ-23-07/2023 (Mahkamah Majistret)

On the balance of probabilities the court accepted the plaintiff's account corroborated by the investigating officer and documentary evidence; defendants failed to rebut; Defendant 2 was 100% negligent causing the collision and plaintiff's claim succeeded; damages awarded as per medical reports and Compendium, with interest and costs as directed.
24 Oct 2025

TAN SENG HIN 1. ) NGUYEN THI HANG 2. ) NG SING HEAD

Citation

BL-A53KJ-256-06/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-A53KJ-256-06/2024 (Mahkamah Sesyen)

On the balance of probabilities the court accepted the Plaintiff’s consistent contemporaneous accounts and eyewitness corroboration, found the First Defendant’s accounts inconsistent and less probable, held the First Defendant negligent and the Defendants vicariously liable (100% liability), found no contributory negligence by the Plaintiff, and awarded general and special damages together with interest and costs as specified.
23 Oct 2025

NORSHAHRIZAL BIN ZURAIMI 1. ) MUHAMAD SAIFUL ADHA BIN IBRAHIM 2. ) HASSAN BIN SAKIH

Citation

B-08-218-08/2025 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

B-08-218-08/2025 (Mahkamah Rayuan)

Leave to appeal was refused because the applicant failed to demonstrate a prima facie case of error in the concurrent factual findings on liability; appellate intervention was unwarranted and leave therefore denied with costs.