30 Jan 2020
Muhamad Qamarul bin Munsyiaqbal @ Yusri ... Appellant 1. Md Nor bin Md Zain 2. Zurich Insurance (M) Berhad
- Citation
- PA-12B-69-12/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12B-69-12/2018 (Mahkamah Tinggi)
The High Court allowed the plaintiff's appeal on liability because the Sessions Court erred in admitting and relying on hearsay documents under s73A and ss76-77 and on the adjuster's interview statement, misapplied s114(g), and failed to properly appreciate the evidence; the plaintiff proved a prima facie case and the defendants failed to discharge the evidential burden, while the awards for quantum were correctly assessed and thus affirmed.