17 Sept 2024
1. ) Muhammad Ruzzian Bin Mohd Nor 2. ) Muhammad Aiman Bin Nor Azmi Muhammad Sufian Bin Rusli
- Citation
- BA-12B-45-06/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-45-06/2023 (Mahkamah Tinggi)
The appellate court allowed the appeal because the trial judge's finding of 100% liability was not supported by a proper evaluation of the evidence: the objective circumstantial evidence was equally consistent with both versions of events, and the plaintiff's unchallenged medical evidence of amnesia materially undermined his ability to give reliable first‑hand testimony; therefore the plaintiff failed to discharge the burden of proof on liability.