17 Jul 2025
The plaintiff failed to discharge the burden of proof that his injuries were caused by the negligence of the First Respondent; on the totality of the evidence the court dismissed the appeal and affirmed the Sessions Court judgment.
24 Mar 2025
The court found that the Applicant demonstrated exceptional hardship through admitted incidents of domestic violence and credible risk of recurrence, which made referral to a conciliatory body impracticable under section 106(1)(vi), and accordingly granted dispensation from the conciliatory requirement.
30 Jun 2024
Appellate court found plaintiff failed to prove on the balance of probabilities that the accident was caused by contact with defendant's motorcycle; inconsistencies in police reports, medical records indicating skidding to avoid sand, absence of defendant's oral evidence and investigative weaknesses rendered the collision version not inherently probable. Accordingly the trial court's finding on liability was reversed in respect of the insurer appellant; the court held the trial court's assessment of quantum was not excessive but that finding was rendered academic by reversal on liability.
3 Jan 2022
The marriage had irretrievably broken down in April 2015; on a balance of probabilities the respondent committed adultery with the co-respondent from about May 2014 and that adultery caused the breakdown; petitioner proved domestic incidents and contemporaneous police reports and communications supporting adultery; respondent failed to discharge allegations against petitioner; accordingly divorce granted, petitioner awarded custody, maintenance ordered (RM2,000 per child per month and RM2,000 spousal per month until remarriage), equal division of matrimonial assets (50% EPF transfer RM500,017…
24 Oct 2021
The impugned letter disclosed sufficient facts to constitute a prima facie cause of action in defamation and it was not plainly or obviously protected by absolute privilege; therefore the summary strike out under O.18 r.19 was inappropriate and the application was dismissed to allow trial.
20 May 2020
The court accepted the defendant’s account as more credible because the defendant’s police report and the third party’s first report were consistent, the third party’s later amended report was treated as suspect, and the pattern of physical damage (rear-left bumper dent on defendant and front damage on motorcycle) was consistent with being struck from behind; accordingly plaintiff failed to prove defendant’s negligence on the balance of probabilities and the claim was dismissed with costs.
30 Jan 2020
The High Court allowed the plaintiff's appeal on liability because the Sessions Court erred in admitting and relying on hearsay documents under s73A and ss76-77 and on the adjuster's interview statement, misapplied s114(g), and failed to properly appreciate the evidence; the plaintiff proved a prima facie case and the defendants failed to discharge the evidential burden, while the awards for quantum were correctly assessed and thus affirmed.
29 Nov 2019
Prosecution failed to establish a prima facie case under s.506 because the complainant's evidence contained material, credibility‑undermining contradictions with his police report (including inconsistency on the alleged words, actions, and language used), the person who assisted with the FIR was not called (invoking s.114(g) presumptions), and there existed a plausible alternative explanation; applying the maximum evaluation standard the magistrate was not prepared to convict if the accused remained silent, therefore discharge and acquittal under s.173(f)(ii) CPC was proper.