Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Admissibility of electronic records (s90a evidence act)
  • 23 Sept 2024

    LIM ZI HWEI INGRESS SWEDE AUTOMOBILE SDN BHD

    Citation
    WA-A72NCvC-3126-05/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    WA-A72NCvC-3126-05/2023 (Mahkamah Majistret)

    On the balance of probabilities the plaintiff failed to prove that the defendant caused the vehicle's alignment problem because of the substantial elapsed time and additional mileage between service and complaint and lack of causal evidence; invoices demonstrating mileage were admissible; unparticularised special damages (RM13,000) failed for non‑pleading; even if liability were proven plaintiff's recoverable remedy would be limited by quantum meruit to RM230 plus RM50, but since no breach was established the plaintiff's claim is dismissed and the defendant's counterclaim is dismissed for lac…