Malaysia Case Law: Decisions & Judgments

Topic

Pleadings and proof of special damages

Legal area

Court

20 Jan 2023

NOR SALSABILA BINTI MOHD ZAKI S. JEGARAJASINGAM A/L K. SUBRAMANIAM PIHAK KETIGA XXXX

Citation

WA-A73KJ-217-02/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A73KJ-217-02/2022 (Mahkamah Majistret)

Court found the plaintiff's listed injuries all related to a single anatomical injury (open distal right femur fracture) and therefore must be assessed as one lump sum to avoid overlapping; awarded general damages RM40,000.00. Most special damages claims were rejected for lack of pleading or proof except hospital bills RM10.00, specialist medical report RM950.00 and treatment/medical bills RM846.40. Claims for future surgery and physiotherapy were rejected as not pleaded. Interest ordered: 5% p.a. on general damages from date of writ to judgment; 2.5% p.a. on special damages from date of acci…
8 Feb 2022

RAVINDER SINGH A/L SHANGARA SINGH 1. ) THEVAN REALTY SDN BHD 2. ) THEVANDRAN A/L K. RAGAVAN

Citation

WA-A52NCvC-429-06/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

WA-A52NCvC-429-06/2021 (Mahkamah Sesyen)

The plaintiff failed to prove his case on the balance of probabilities: there was no evidence the first defendant was appointed or involved (no cause of action); contemporaneous documents and admissions established the plaintiff knew of and authorised the RM150,000 introducer fee prior to completion; defendants proved payment to the introducer by bank cheques and statements; no evidence established fraudulent retention by the second defendant. Accordingly the claim is dismissed with costs.

Malaysia Case Law

NOR SALSABILA BINTI MOHD ZAKI S. JEGARAJASINGAM A/L K. SUBRAMANIAM PIHAK KETIGA XXXX

RAVINDER SINGH A/L SHANGARA SINGH 1. ) THEVAN REALTY SDN BHD 2. ) THEVANDRAN A/L K. RAGAVAN