Malaysia Case Law: Decisions & Judgments

Topic

Quantum assessment

Legal area

Court

2 Apr 2026

SALAMAH BINTI NORDIN 1. ) A.MOHD.RAHMAT BIN A.DARWIS 2. ) TRIUMPH ALLIANCE SDN BHD

Citation

BA-A53KJ-459-11/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BA-A53KJ-459-11/2024 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff failed to prove collision and negligence due to inconsistent pleadings on time, absence of independent witnesses, and chemical report showing no contact; accordingly the claim is dismissed, though the court proceeded to quantify certain heads of damage for reasons recorded.
5 Dec 2025

GUMUSUT-KAKAP SEMI-FLOATING PRODUCTION SYSTEM (LABUAN) LIMITED SABAH SHELL PETROLEUM COMPANY LIMITED

Citation

W-02(C)(A)-125-01/2023 (Mahkamah Rayuan)
Court

C
Case number

W-02(C)(A)-125-01/2023 (Mahkamah Rayuan)

The Court held that limitation/exclusion clauses (Article 34.3) are substantive rules governing remedies and quantum and do not, absent clear drafting, limit the tribunal's jurisdiction; parties had expressly submitted interpretation of Article 34.3 to the tribunal so any error was within jurisdiction and not a basis for setting aside under AA 2005; alleged breaches of natural justice and public policy (non‑production of PSC, double recovery, arbitrariness in apportionment, sampling/extrapolation) were unfounded because the issues were ventilated in the arbitration, the tribunal gave reasons…
18 Aug 2025

MOHAMAD SHAHHIRAN BIN OTHMAN 1. ) MOHAMAD FAIZAL BIN ISMAIL 2. ) THE GOOD STORE TRANDING SDN BHD 3. ) MOHAMED BADRI BIN ABDULLAH 4. ) SANI EXPRESS SDN BHD

Citation

TB-A53KJ-31-09/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TB-A53KJ-31-09/2021 (Mahkamah Sesyen)

On the balance of probabilities the defendants were 100% liable for the collision; plaintiff proven to be an innocent passenger and proved entitlement to special and general damages as quantified by the court.
28 Jul 2025

ISMAIL BIN ADNAN 1. ) MOHD RAZNI BIN JEMAKIR 2. ) KT TRADE & RESOURCES SDN BHD

Citation

BL-B53KJ-42-11/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BL-B53KJ-42-11/2023 (Mahkamah Sesyen)

Court found on balance of probabilities that the defendants were 100% liable because the physical/silent evidence (photographs, skid marks, final positions of deceased and vehicles) and credible eyewitness SP4 supported the plaintiff's version and showed the lorry encroached into the motorcyclist's lane; the IO's NFA finding was rejected as based on an incomplete investigation and could not displace the forensic and photographic evidence.
24 Jul 2025

MOHD IZZAD SYAYUTI BIN RAHIM 1. ) SIVA BALAN A/L TANGAVILO 2. ) VALLI A/P SUBBARAYAN PENCELAH TETUAN PACIFIC & ORIENT INSURANCE CO. BERHAD.

Citation

KB-B53KJ-19-11/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KB-B53KJ-19-11/2020 (Mahkamah Sesyen)

Liability was apportioned equally (50% plaintiff, 50% defendants). The court awarded general damages totalling RM460,000 broken down by injury (RM350,000 severe head injury; RM40,000 multiple facial fractures; RM25,000 left distal radius/ulna; RM25,000 clavicle; RM10,000 metacarpals; RM10,000 scarring). Special damages were awarded after specific proof: pre-trial loss of earnings RM84,456; post-trial loss of earnings RM119,646; pre-trial care RM72,000; pre-trial care items RM86,400; post-trial institutional care RM1,935,671.60; certain minor items RM1,525 and RM3,400. Costs awarded in full to…
24 Jul 2025

MOHD IZZAD SYAYUTI BIN RAHIM 1. ) SIVA BALAN A/L TANGAVILO 2. ) VALLI A/P SUBBARAYAN PENCELAH TETUAN PACIFIC & ORIENT INSURANCE CO. BERHAD.

Citation

KB-B53KJ-19-11/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

KB-B53KJ-19-11/2020 (Mahkamah Sesyen)

Court recorded parties' agreement to apportion liability equally (50:50). Applying relevant authorities and the Compendium of Personal Injury Awards, the court quantified general damages at RM460,000 after adjusting parties' submissions, accepted expert evidence that plaintiff is permanently unable to work, and awarded special damages proven: pre-trial and post-trial loss of earnings, pre-trial and future care costs using life-expectancy evidence and accepted weekly institutional care cost converted to monthly, restricted recovery to items specifically proved, awarded prescribed rates of inte…
31 Jan 2025

NUR SYAHIRAH BINTI AZIZ 1. ) MOHAMAD SALEHIN BIN SALLEH 2. ) SPANCO SDN. BHD

Citation

MA-A73KJ-397-04/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MA-A73KJ-397-04/2024 (Mahkamah Majistret)

On the balance of probabilities the defendant was negligent in turning into the junction without ensuring it was safe; the turning driver bore the greater duty of care and was 90% liable whereas the plaintiff was 10% contributorily negligent for failing to heed the yellow box (Rule 8A); damages awarded as assessed but subject to apportionment and statutory interest.
4 Oct 2024

XXXX Dr Norzaidi Bin Zakaria PENCELAH Jabatan Bantuan Guaman (JBG)

Citation

BA-22NCvC-270-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-270-07/2022 (Mahkamah Tinggi)

On the balance of probabilities the defendant administered a dose of lignocaine inconsistent with his later account and consistent with contemporaneous hospital records and expert evidence of LAST; defendant breached the duty of care by failing to ensure safe dosing, adequate contemporaneous documentation and monitoring and by leaving the infant in the care of untrained staff; the overdose caused cardiac/respiratory arrest and hypoxic brain injury resulting in cerebral palsy and developmental delay; plaintiff is therefore entitled to the assessed damages, interest and costs.
10 Jul 2024

Q HORIZON SDN BHD SAMAIDEN SDN BHD

Citation

WA-22C-74-10/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-74-10/2021 (Mahkamah Tinggi)

On the balance of probabilities the Court found plaintiff proved entitlement only to payment for 41,324 piles accepted by the Defendant at RM30 per pile (RM1,239,720.00) and a nominal 25% value for 17,515 concrete blocks (RM18,828.62), dismissed claims for deviated piles, MMS and variations for lack of proof and absence of approved payment certification; the Defendant proved counterclaims for advances (RM881,860.76) and third-party rectification costs (RM376,175.00) and was entitled to set-off, leaving a net judgment to Plaintiff of RM512.86 with interest and costs directions as ordered.
28 Mar 2024

1. ) HAIRUL AZWAN BIN AHAMAD 2. ) AMRAN BIN YUSRAIN 3. ) AZREEN BIN AZRI 1. ) MOHD NORHIDAYAT BIN MOHD NOR 2. ) MD AZLI BIN KASEDAN 3. ) WONG YEN CHONG

Citation

JH-A53KJ-1-01/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JH-A53KJ-1-01/2020 (Mahkamah Sesyen)

Court accepted plaintiff's expert evidence on suitability of prosthetic hand and leg and the associated maintenance regime and costs because defendant failed to present expert evidence to explain its lower quotations; applied compendium as a guideline when awarding general damages; rejected plaintiff's claimed inflation uplift but did not apply statutory 1/3 deduction for contingencies; assessed and awarded specific sums for general and special damages at 100% then reduced payable amounts to defendant at agreed 85% liability; ordered specific interest at 5% per annum for prescribed periods an…