Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Reopening case
  • 27 Jan 2021

    Mohamad Badrul Hisham bin Mohd Yaacob Siti Nora Ashikin binti Mohd Nafi

    Citation
    DA-12A-5-05/2019 & DA-12B-17-05/2019 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    DA-12A-5-05/2019 & DA-12B-17-05/2019 (Mahkamah Tinggi)

    Reopening the defendant's case was properly refused because the defendant failed to provide any satisfactory explanation for delay or missing expert report despite ample time; late expert quotations introduced at trial amounted to trial by ambush and were inadmissible under court rules, and on quantum the court confirmed and adjusted specific damages: general damages RM70,000 (brachial plexus), RM9,000 (deep laceration), RM8,000 (scars); allowed pre-trial care RM5,400, future care RM5,400, uplifted loss of earning to RM281,664 and upheld prosthesis award RM786,859.