Malaysia Case Law: Decisions & Judgments

Topic

Loss of use

Legal area

Court

29 May 2025

Dato' Sri Andrew Kam Tai Yeow Raub Oil Mill Sdn Bhd

Citation

WA-12BNCvC-58-05/2024 (Mahkamah Tinggi)
Court

High Court
Case number

WA-12BNCvC-58-05/2024 (Mahkamah Tinggi)

The High Court allowed the appeal in part: the Sessions Court Judge erred in awarding RM700/day without analysis and in failing to consider the defendant's rental quotation and the sale price; the proper approach is to award a fair rental value supported by evidence; the loss of use award was substituted with RM220,000 (rounded from calculation based on rental evidence and sale price) and the exemplary damages award of RM50,000 was overturned for lack of pleading and evidential basis. Interest and specified costs were ordered accordingly.
13 Sept 2024

1. ) MD KARIM 2. ) JAKIR HOSSIN 1. ) NAZZATUL AZLEEN BINTI MOHD GAFFAR 2. ) MOHD NIZAM BIN MAT NOR

Citation

BA-A73KJ-1332-12/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BA-A73KJ-1332-12/2023 (Mahkamah Majistret)

With liability agreed, the court accepted that repairs were carried out and photos existed but plaintiffs failed to prove payment and to justify full adjuster cost given the vehicle was 17 years old. Bank Negara guidance requires betterment/discounts; the court applied a 40% reduction to franchise parts and concluded plaintiffs failed to prove loss of use at the claimed rate. The court therefore awarded a reduced, reasonable repair cost (RM3,000), adjuster fee (RM714.72) and loss of use for 7 days at RM40/day (RM210), denied unproven miscellaneous claims, and awarded costs RM400.
27 Aug 2024

1. ) SYARIKAT HIP HING SDN BHD 2. ) LEONG LAI YUEN 1. ) MAY SINCERITY LOGISTIC SDN.BHD. 2. ) MOHD KHAIRANI BIN HISAM

Citation

BA-A73KJ-1346-12/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

BA-A73KJ-1346-12/2023 (Mahkamah Majistret)

Court accepted the investigation officer's uncontradicted evidence that the defendant driver failed to keep a safe distance and was wholly negligent; owner held vicariously liable. On quantum the court applied betterment (25%) to applicable replacement parts for a seven-year-old vehicle, disallowed unproven miscellaneous claims, reduced claimant's loss of use to a scale amount, and awarded damages and costs accordingly.
13 May 2024

1. ) MOHAMAD SHAIFUL ALIF BIN MOHD SHARIF 2. ) NUR SHAHIRA ATIQAH BINTI MOHD SHARIF AMUTHANRAJA A/L M APPOO

Citation

MC-A73KJ-273-11/2022 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MC-A73KJ-273-11/2022 (Mahkamah Majistret)

The court accepted the plaintiffs’ evidence: workshop receipts corroborated by the manager established payment; PW1 was a competent adjuster and his Merimen‑based report reliably established necessary replacement parts and reasonable repair costs; the defendant failed to rebut or produce contrary evidence. Accordingly the plaintiffs proved repair costs, adjuster fee and loss of use on balance of probabilities and are entitled to the claimed quantum with interest and costs.
1 Jan 1900

PORATHA CORPORATION SDN BHD F.A.WAGEN SDN BHD

Citation

JA-A52-19-04/2018 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A52-19-04/2018 (Mahkamah Sesyen)

On the balance of probabilities the plaintiff proved multiple fundamental defects in the new vehicle; the defendant failed to repair within a reasonable time despite possession of the vehicle for years; adverse inference was properly drawn for failure to call material witnesses; plaintiff affirmed the contract and was entitled to damages for loss of use and special damages; claim allowed with costs and interest.

Malaysia Case Law

Dato' Sri Andrew Kam Tai Yeow Raub Oil Mill Sdn Bhd

1. ) MD KARIM 2. ) JAKIR HOSSIN 1. ) NAZZATUL AZLEEN BINTI MOHD GAFFAR 2. ) MOHD NIZAM BIN MAT NOR

1. ) SYARIKAT HIP HING SDN BHD 2. ) LEONG LAI YUEN 1. ) MAY SINCERITY LOGISTIC SDN.BHD. 2. ) MOHD KHAIRANI BIN HISAM

1. ) MOHAMAD SHAIFUL ALIF BIN MOHD SHARIF 2. ) NUR SHAHIRA ATIQAH BINTI MOHD SHARIF AMUTHANRAJA A/L M APPOO

PORATHA CORPORATION SDN BHD F.A.WAGEN SDN BHD