Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Liability assessment
  • 27 Jun 2023

    NEO TIAO KHING LEE ZHEN FENG

    Citation
    AA-B53KJ-6-02/2019 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    AA-B53KJ-6-02/2019 (Mahkamah Sesyen)

    The court found on the balance of probabilities that defendant encroached into plaintiff's lane and caused the collision (supported by police report, investigation sketch and photographs) and therefore was 100% liable; the court accepted plaintiff's specialist reports over the defendant's expert as to injuries and necessity of future surgeries, held treatment in the Singapore restructured hospital was reasonable, allowed the claimed special and general damages as itemised (with a 10% deduction for overlap) and permitted conversion of Singapore dollar claims at S$1 = RM3.46 as at the date fixe…