Malaysia Case Law: Decisions & Judgments

Topic

Expert evidence credibility

Legal area

Court

11 Jul 2025

FATINI SYAFIQAH BINTI MD FAIRUS 1. ) YUWANESAN A/L GANESAN 2. ) KAVITHA A/P PANNOR SELLBAM

Citation

NA-B53KJ-20-05/2023 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-B53KJ-20-05/2023 (Mahkamah Sesyen)

Having assessed the evidence and expert opinions, the court awarded quantified general and special damages on a compensatory basis: allowed the mechanical prosthesis proposed by defendants as reasonable and proportionate (RM528,000) after rejecting the plaintiff's uncorroborated microprocessor prosthesis claim; permitted specific future consultation and therapy costs but applied a one-third contingency deduction for private provision; applied multiplier methodology (multiplier 16) with 1/3 deduction for future loss of earnings; accepted proven past and agreed special losses and rejected items…
30 Oct 2023

MALAYAPINE ESTATES SDN B HD Gan Chee Sin

Citation

BL-12BNCvC-10-05/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BL-12BNCvC-10-05/2023 (Mahkamah Tinggi)

The High Court upheld the trial judge's factual findings after reviewing evidence and expert reports, preferred plaintiffs' expert SP7 (site inspection and boreholes) over SD1, concluded developer failed to perform adequate ground treatment and breached both duty of care and Clause 13 of the SPA, held latent defects are actionable despite expiry of DLP, and found the quantum awarded for remedial works to be supported by reliable evidence; therefore the appeal was dismissed.
3 Jul 2023

KASUGI PRIMA SDN BHD COBRAIN HOLDINGS SDN BHD

Citation

WA-24C(ARB)-46-10/2022 (Mahkamah Tinggi)
Court

ARB
Case number

WA-24C(ARB)-46-10/2022 (Mahkamah Tinggi)

The court held the arbitrator validly exercised powers under s21(3)(b) after considering evidence and documents, there was no material breach of natural justice or excess of jurisdiction warranting setting aside under s37, and therefore the Award stands and is enforceable; OS46 dismissed and OS40 granted in terms.
27 Jun 2023

NEO TIAO KHING LEE ZHEN FENG

Citation

AA-B53KJ-6-02/2019 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-B53KJ-6-02/2019 (Mahkamah Sesyen)

The court found on the balance of probabilities that defendant encroached into plaintiff's lane and caused the collision (supported by police report, investigation sketch and photographs) and therefore was 100% liable; the court accepted plaintiff's specialist reports over the defendant's expert as to injuries and necessity of future surgeries, held treatment in the Singapore restructured hospital was reasonable, allowed the claimed special and general damages as itemised (with a 10% deduction for overlap) and permitted conversion of Singapore dollar claims at S$1 = RM3.46 as at the date fixe…
18 Dec 2020

CAHAYA BERLIAN SDN BHD (NO. SYARIKAT: 742437-K) DATUK BANDAR KUALA LUMPUR

Citation

W-01(C)(W)-753-12/2019 (Mahkamah Rayuan)
Court

C
Case number

W-01(C)(W)-753-12/2019 (Mahkamah Rayuan)

The Court of Appeal held that the profit element was embedded in the BQ and thus within the parties' contemplation at contract formation; the High Court erred in wholly rejecting the appellant's loss of profit claim without properly considering SD1's corroborative admissions and the inherent probability of SP1's evidence. While expert evidence SP2 was rightly rejected, the appellate court awarded a compensatory loss of profit at 10% of the Contract Sum, less the First Progress Payment, yielding RM299,913.83, and ordered costs.

Malaysia Case Law

FATINI SYAFIQAH BINTI MD FAIRUS 1. ) YUWANESAN A/L GANESAN 2. ) KAVITHA A/P PANNOR SELLBAM

MALAYAPINE ESTATES SDN B HD Gan Chee Sin

KASUGI PRIMA SDN BHD COBRAIN HOLDINGS SDN BHD

NEO TIAO KHING LEE ZHEN FENG

CAHAYA BERLIAN SDN BHD (NO. SYARIKAT: 742437-K) DATUK BANDAR KUALA LUMPUR