Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Apportionment of fault

Legal area

Court

11 Jun 2025

1. ) MOHAMMAD RASHID ISMAIL BIN RIZWAN 2. ) C & H ENGINEERING & TRANSPORT MUHAMMAD HAREF BIN SAMSUDIN

Citation

JA-12B-66-10/2023 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-66-10/2023 (Mahkamah Tinggi)

Appellate court will not disturb the Sessions Court findings absent a plainly wrong determination; the Sessions Judge correctly preferred Plaintiff's consistent account and found Defendant's account inconsistent and unreliable; the judge applied established principles and relevant compendium in assessing damages and the awards fell within acceptable ranges; accordingly the appeal is dismissed and the Sessions Court's findings on liability and quantum are upheld.
19 Feb 2025

1. ) XXXX 2. ) Mohamad Faezuddin Bin Ismail Muhamad Mustaqim Bin Zulkeflee

Citation

DA-12B-37-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-37-11/2023 (Mahkamah Tinggi)

Trial court's apportionment was set aside because plaintiffs failed to discharge the onus to prove defendant's negligence; silent evidence (oil trail location, vehicle damage patterns, positions on sketch) favored the defendant's version that collision occurred in defendant's lane and did not support plaintiffs' accounts, therefore defendant was held not liable and third parties bore no liability to defendant.