Malaysia Case Law: Decisions & Judgments

Topic

Causation

Legal area

Court

27 Apr 2026

KHAIRUL HISHAM BIN MAT YUSOF [ ]

Citation

DA-41S-9-05/2025 (Mahkamah Tinggi)
Court

High Court
Case number

DA-41S-9-05/2025 (Mahkamah Tinggi)

High Court upheld the magistrate’s findings that the prosecution proved the elements of s.41(1) Road Transport Act 1987 beyond reasonable doubt based on eyewitness evidence, dashcam footage and PUSPAKOM report; it rejected the tyre‑burst defence as unsupported and found no intervening cause; therefore conviction and sentence were safe and sentences were within proper discretion.
17 Apr 2026

MOHANUARMAN A/L SIVAMOORTHY ZURAINI BINTI AHMAD

Citation

BF-A53KJ-81-06/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-A53KJ-81-06/2024 (Mahkamah Sesyen)

On the evidence the court found the L1 burst fracture, though serious and surgically treated, involved a single vertebra with no objective neurological deficit and good recovery; Plaintiff failed to mitigate by inconsistent follow-up. Accordingly the claimed sums were excessive and unjustified. The court fixed general damages at RM32,000 for the L1 injury, RM8,000 for the metatarsal fracture and RM7,000 for scarring; the sexual dysfunction claim was dismissed for lack of objective evidence and causation. Special damages were allowed only to the extent strictly proved (travel RM900; basic repo…
19 Mar 2026

GOPU A/L PUPATHY

Citation

MC-83-121-03/2025 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MC-83-121-03/2025 (Mahkamah Majistret)

The court concluded that the prosecution proved beyond reasonable doubt that the accused's right turn and driving constituted dangerous driving and was the operative cause of the fatality, satisfying the elements of s41(1) Road Transport Act 1987.
17 Mar 2026

MUHAMAD NASRI BIN AHMED JALALUDEEN

Citation

PB-41H-1-01/2025 (Mahkamah Tinggi)
Court

High Court
Case number

PB-41H-1-01/2025 (Mahkamah Tinggi)

Conviction quashed because the prosecution failed to prove identity of the driver and the element of dangerous driving beyond reasonable doubt; material evidential and investigative deficiencies (no eyewitness, no CCTV/forensic reconstruction, uneliminated possibilities arising from weather and road conditions) and prejudicial lack of particulars in the charge rendered the conviction unsafe.
17 Mar 2026

XXXX 1. ) GURU BESAR SK SRI SELAMA 2. ) PEGAWAI PENDIDIKAN DAERAH LARUT, MATANG & SELAMA 3. ) Jabatan Pendidikan Negeri 4. ) KEMENTERIAN PENDIDIKAN MALAYSIA 5. ) Kerajaan Malaysia

Citation

AP-A71NCvC-1-01/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AP-A71NCvC-1-01/2024 (Mahkamah Majistret)

Court found that a duty of care existed and that defendants 1–4 breached that duty by failing to ensure reasonable periodic maintenance and technical inspection of a permanently installed, heavy and suspended appliance; adverse inference drawn under s114(g) Evidence Act 1950 from defendants' failure to produce maintenance and JKR incident reports; breach caused the pupil's injuries; defendants 1–4 liable in negligence and defendant 5 vicariously liable; plaintiff entitled to general damages RM6,000, interest and costs; special, punitive and exemplary damages not proven and refused.
24 Feb 2026

1. ) MOHD TARMIZI BIN MOHAMED NASIR 2. ) XXXX 1. ) NUR FATIHAH BINTI BAHARUDIN 2. ) AMINAH BINTI KHAMIS

Citation

TA-A53KJ-76-03/2024 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-A53KJ-76-03/2024 (Mahkamah Sesyen)

Defendants' appeal dismissed. Court held Defendants 100% liable because Defendant 1 admitted turning right into Plaintiffs' lane and misjudged clearance; Plaintiffs were riding lawfully and in their lane; late MRI evidence did not break causation because contemporaneous clinical notes, specialist examinations and expert evidence linked ongoing neck pathology to the accident; some claims reduced or rejected for failure to mitigate or lack of evidential support. Quantum awarded as itemised and costs and statutory interest granted as ordered.
24 Feb 2026

1. ) LEUNG KAI FOOK MEDICAL CO. PTE LTD 2. ) LEUNG KAI FOOK MEDICAL SDN BHD ZAINAH BINTI MISDIN

Citation

WA-22IP-70-11/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-70-11/2023 (Mahkamah Tinggi)

Liability for trademark infringement and passing off was final on summary judgment; plaintiffs proved some loss but failed to prove the entire claimed revenue decline was caused by this defendant alone; given limited scale (471 units, one branch, small sole proprietorship) and multiple counterfeit sources, the court assessed damages conservatively: RM30,000 for loss of business profit, RM100,000 for loss of goodwill and reputation, RM7,305 for countermeasure costs, and RM25,000 for general damages, totalling RM162,305, with interest at 5% p.a. from judgment and costs RM10,000 to plaintiffs.
11 Feb 2026

XXXX 1. ) AHMAD MURSYIDIN BIN ABDULLAH 2. ) YAYASAN ISLAM TERENGGANU

Citation

TA-B53-1-01/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

TA-B53-1-01/2023 (Mahkamah Sesyen)

On the balance of probabilities the court found the defendants' version (that the child fell while playing) more credible than the plaintiff's version; plaintiff failed to discharge the burden of proof on liability and quantum beyond a limited medical assessment; insufficient basis for finding assault or a breach amounting to actionable battery by Defendant 1 and insufficient connection to impose vicarious liability on Defendant 2; accordingly the plaintiff's wider claims were rejected and only limited compensation aligned to medical injury assessment was accepted.
11 Feb 2026

BAHTERA OFFSHORE (M) SDN BHD 1. ) ETIQA GENERAL INSURANCE BERHAD 2. ) QBE INSURANCE (MALAYSIA) BERHAD 3. ) GENERALI INSURANCE MALAYSIA BERHAD (dahulunya AXA AFFIN GENERAL INSURANCE BERHAD)

Citation

WA-27NCC-38-08/2025 (Mahkamah Tinggi)
Court

High Court
Case number

WA-27NCC-38-08/2025 (Mahkamah Tinggi)

Order 33 application dismissed because determination of the proposed preliminary issues would not substantially save time or costs and because numerous material facts are disputed requiring a full trial and the adducing of extrinsic evidence; thus the matter must proceed to trial.
11 Feb 2026

NORAKMALIZA BINTI JAAFAR

Citation

AH-83-607-12/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

AH-83-607-12/2023 (Mahkamah Majistret)

Prosecution proved beyond reasonable doubt that the accused executed a positive and dangerous right-turn manoeuvre into the victim's lawful lane causing a collision and death, with point of impact evidenced by oil spill and eyewitness testimony; therefore the elements of s41(1) Road Transport Act 1987 were satisfied and the accused was lawfully convicted and sentenced accordingly.