4 Sept 2025
KD-A53KJ-43-10/2023 (Mahkamah Sesyen)
23 May 2025
On the balance of probabilities the plaintiff's version was more probable and supported by police reports, investigator's evidence, sketch plan and photographs; the defendant failed to rebut that evidence. Therefore defendant is 100% liable for the collision. Quantum was assessed by the court using the plaintiff's medical reports, expert opinion and the Revised Compendium 2018 leading to specific awards for each head; interest and costs awarded per the amended Rules of Court.
2 Apr 2024
Plaintiff failed to discharge the burden of proof; his account was uncorroborated, inconsistent with vehicle damage and injury patterns, and he failed to call the IO whose investigation supported the defendant; IO evidence was admissible and the defendant's version was inherently more probable; accordingly the appeal is dismissed with costs.
18 Apr 2023
The court admitted properly tendered medical and employment documents as exhibits, refused to accept untendered documents produced orally or via informal means, required plaintiffs to file outstanding insurance and medical clarifications for defence inspection, confirmed that military contract renewal is a procedural matter requiring application and medical/administrative evaluation (thus speculative until formal decisions), and directed continued hearing with specific dates for further evidence and submissions.
28 Jun 2022
On the balance of probabilities the plaintiff was an innocent pillion rider and thus entitled to recover damages on a 100% basis from the defendant; liability between the defendant and the first third party was apportioned 50:50 so the defendant is entitled to contribution of 50% from the first third party; specialist and orthotist reports agreed by parties (subject to submissions) were accepted and informed the assessment of quantum including future private treatment and custom orthotics.