25 Nov 2024
1. ) PAN YAN NEE 2. ) ABDUL HALIM LIM BIN ABDULLAH Kamarul Idzam Bin Abd Aziz
- Citation
- BA-12B-25-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-25-02/2024 (Mahkamah Tinggi)
Although the Sessions Court's factfinding relied on hearsay evidence of the police officer regarding the Appellants' statements, the appeal is dismissed and the Sessions Court's finding of 100% liability is affirmed because on the probabilities the Appellants' stopped and obstructive vehicle caused the collision and the Appellants failed to give evidence such that the Plaintiff's account is to be presumed and an adverse inference drawn, justifying full liability.