21 Sept 2023
1. ) RADZUAN BIN ABIDIN 2. ) SPANCO SDN BHD MOHD AZHARI BIN TURMUZI
- Citation
- BA-12B-30-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12B-30-04/2023 (Mahkamah Tinggi)
The appellate court found the trial judge's factual findings on liability were plainly wrong and/or showed insufficient judicial appreciation of the evidence. On the balance of probabilities the plaintiff failed to prove that the defendants were primarily negligent; the evidence (police reports, investigator's markings, damage pattern and witness evidence) supported that the plaintiff lost control and entered the defendants' lane. Liability is re-apportioned: plaintiff contributorily negligent 70%; defendants liable 30%; costs of RM1000 awarded to defendants.