Malaysia Case Law: Decisions & Judgments

Topic

Special damages proof

Legal area

Court

11 Dec 2025

1. ) FNC CORPORATE PLT 2. ) FIRDAUS AMMAMI BIN FAUZEE EZHAM BIN ABD WAHID

Citation

JA-23NCvC-15-10/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JA-23NCvC-15-10/2022 (Mahkamah Tinggi)

Plaintiffs failed to prove on a balance of probabilities that the Telegram account 'Ezham FNC' was owned or controlled by the Defendant or that he was the publisher of the impugned messages; absent independent corroboration or service-provider confirmation the statutory presumption in section 114A EA 1950 could not be invoked and the claim therefore failed for want of proof of publication.
22 Aug 2025

KAMARULNIZAM BIN AZIZ 1. ) MOHD JEFREE BIN MAT DAUD 2. ) SYARIKAT PENGANGKUTAN S.P.Y. SDN.BHD 3. ) RIZAL NISHAM BIN RAMLI 4. ) TCS TRANSPORT AGENCY (M) SDN.BHD

Citation

CA-A53KJ-11-01/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-11-01/2023 (Mahkamah Sesyen)

On the balance of probabilities the physical evidence (tyre marks and post‑accident vehicle positions), credible eyewitness SD2 and inconsistencies in investigative hearsay established that defendants 1 and 2 negligently caused the collision by encroaching into the plaintiff's lane; the court rejected a 50:50 split and held defendants 1 & 2 100% liable. The court applied established principles on assessing conflicting versions, required specific proof for special damages but allowed awards where evidence or common sense justified nominal or quantified sums, ordered specified awards for specia…
30 Apr 2025

ZAHARUDIN BIN MUHAMMAD NOR 1. ) MUHAMMAD ANAS BIN YAAKOB 2. ) MUHAMMAD ARIF BIN YAAKOB

Citation

CA-A53KJ-136-06/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CA-A53KJ-136-06/2023 (Mahkamah Sesyen)

On the balance of probabilities the court accepted specific documentary evidence and credible oral evidence for many claimed special items and accepted aspects of the plaintiff's expert opinion on early post-traumatic osteoarthritis and future needs. Items unsupported by evidence were disallowed. The court awarded specific amounts for proven special damages and assessed general damages by reference to medical evidence, prior authorities and the Revised Compendium of Personal Injury Awards 2018. The court apportioned liability as previously agreed (10% plaintiff, 90% defendant 2) and ordered i…
26 Sept 2024

1. ) JAYABALAN A/L NATCHIMUTTU 2. ) PUSPA NANTHINI A/P JAYABALAN AZHAR BIN MOHD DIN PIHAK KETIGA 1. ) Jayabalan A/l Natchimuttu (Didakwa Sebagai Pentadbir Harta Pusaka Rojamani A/p Subramaniam (Simati)) 2. ) Jayabalan A/l Natchimuttu

Citation

AG-A53KJ-27-03/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AG-A53KJ-27-03/2023 (Mahkamah Sesyen)

On the balance of probabilities the Defendant's version was preferred; Plaintiffs failed to prove Defendant's negligence and failed to prove the deceased's employment/income and dependency claims due to inconsistent witness evidence and lack of documentary proof; accordingly liability against the Defendant was dismissed but limited bereavement and funeral costs were awarded to the claimants' dependants with interest and costs directions.
7 Mar 2023

1. ) MK COOLING SERVICES 2. ) KOK YOKE MEI CHONG KEK FONG

Citation

BA-22NCvC-435-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-435-10/2019 (Mahkamah Tinggi)

Plaintiffs failed to prove on balance that the Defendant breached fiduciary duties: the court accepted Defendant's evidence that RM18,000 were personal consultancy fees, that introductions to Susej were justified by MKCS' poor reputation and suppliers' unwillingness to deal with MKCS, and that the Brand Insights claim was unrelated to JC Bar after credit notes. Consequently Plaintiffs' claim for damages failed. However, as a partner until 9.10.2019 the Defendant is entitled to statutory reliefs: an account and equal share of assets, funds and profits up to cessation; thus the counterclaim was…
23 May 2022

R VEERASINGAM A/L RAMASAMY 1. ) ZAMZURI BIN JAIS 2. ) MEDAN SAWIT SDN BHD

Citation

JG-A73KJ-65-02/2021 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

JG-A73KJ-65-02/2021 (Mahkamah Majistret)

Court allowed proven special damages and reasonable awards, disallowed unproven medical report costs, permitted private physiotherapy at RM90 per session due to unacceptable government delays, allowed RM10,000 for future private surgery (one-third approach applied as reasonable mitigation), awarded a global sum of RM30,000 for closed distal left radius and left ulnar styloid (including reduced muscle power), awarded RM5,000 for future surgical pain, RM5,000 for facial laceration injuries and RM5,000 for scars, totalled and apportioned the judgment with defendants 90% liable and plaintiff 10%…
2 Sept 2021

HELMI BIN ABDULLAH 1. ) MOHAMMAD MUSTAFAR KAMAL BIN ADNAN 2. ) SYARIKAT BEKALAN AIR SELANGOR SDN BHD

Citation

BL-12B-3-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12B-3-01/2021 (Mahkamah Tinggi)

The High Court applied the established appellate restraint tests and found the Sessions Court properly evaluated witness credibility, demeanour and documentary evidence; the apportionment of liability at 80% against the respondents and the quantum of general and many special damages were reasonable and adequately supported, while unproven special claims (loss of earnings, care costs, prosthesis) were rightly disallowed.
23 Oct 2020

RODIYAH BINTI DULAH NGUSMAN 1. ) MAS NOVI ISBULLAH BIN SUMANTRI 2. ) BURHAN BIN SHAFIE

Citation

WA-A73KJ-288-02/2020 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A73KJ-288-02/2020 (Mahkamah Majistret)

Court accepted the initial HKL medical finding of closed fracture of the left tibial plateau, used the Compendium range and comparable authorities to fix RM27,000 as general damages for that injury and RM5,000 for the probability of osteoarthritis, rejected or disallowed most claimed special damages for lack of specific proof or because withdrawn, preferred the later defendant expert's findings over earlier plaintiff expert for issues of brace and surgery, applied prescribed interest rates and ordered costs to be paid and judgment monies to be paid into plaintiff's solicitors' client account;…