Malaysia Case Law: Decisions & Judgments

Topic

Special damages pleading

Legal area

Court

23 Sept 2024

LIM ZI HWEI INGRESS SWEDE AUTOMOBILE SDN BHD

Citation

WA-A72NCvC-3126-05/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A72NCvC-3126-05/2023 (Mahkamah Majistret)

On the balance of probabilities the plaintiff failed to prove that the defendant caused the vehicle's alignment problem because of the substantial elapsed time and additional mileage between service and complaint and lack of causal evidence; invoices demonstrating mileage were admissible; unparticularised special damages (RM13,000) failed for non‑pleading; even if liability were proven plaintiff's recoverable remedy would be limited by quantum meruit to RM230 plus RM50, but since no breach was established the plaintiff's claim is dismissed and the defendant's counterclaim is dismissed for lac…
30 May 2024

R.RAJASEGHARAN A/L R.RAKAPPAN 1. ) PENGARAH MUZIUM DIRAJA, KUALA LUMPUR 2. ) KETUA PENGARAH JABATAN MUZIUM MALAYSIA 3. ) MENTERI KEMENTERIAN PERPADUAN NEGARA 4. ) Kerajaan Malaysia

Citation

WA-A71-6-06/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A71-6-06/2023 (Mahkamah Majistret)

Plaintiff failed to prove on the balance of probabilities that the tree posed an apparent or foreseeable danger and that the Defendants negligently caused the damage; additionally special damages were not sufficiently pleaded or proven and documentary evidence was discrepant; therefore Defendants not liable and claim dismissed.
31 Jan 2024

1. ) TAN LAY PENG 2. ) KAM AK CHAN 1. ) ONG BENG SHENG 2. ) ONG HOCK CHEW

Citation

BK-A53KJ-290-11/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BK-A53KJ-290-11/2020 (Mahkamah Sesyen)

On the evidence the first defendant was solely negligent (speeding, lost control, encroached onto deceased's lane) and failed to discharge the onus under s102 Evidence Act 1950; the second defendant, as owner, is vicariously liable; res ipsa loquitur was not applied because cause was not unknown; deceased not contributorily negligent; quantum awarded by applying modern trend (one-third deduction from nett take-home pay) with multiplier 16 (192 months) yielding loss of dependency RM256,185.60, funeral RM31,685.70 and bereavement RM30,000; claim for loss of EPF dismissed for lack of pleading; i…
27 Sept 2023

1. ) YAP TEAK SING 2. ) SHAIFUL HIZAM BIN HUSIN 3. ) IOANNIS KOROMILAS 1. ) HIEW FOOK SANG @ FOOK HIEW SANG 2. ) WONG CHONG CHE 3. ) SIEH KOK JIUN

Citation

WA-23NCvC-7-02/2023 (Mahkamah Tinggi)
Court

High Court
Case number

WA-23NCvC-7-02/2023 (Mahkamah Tinggi)

The strike out application was allowed because the amended writ and statement of claim were irregular for non-compliance with Order 20 Rule 1(3), the claimed RM27,000,000 was improperly quantified in breach of Order 18 Rule 12(1A), the impugned Notice referred to the previous PPSS (the corporate management body) not the individual plaintiffs and D1 signed in his official capacity, and thus the claim against D1 was vexatious and an abuse of process.
18 Jun 2023

KOOGELESWARAN A/L A SOUNDARAJAN - seorang kurang upaya yang menuntut melalui ibunya KALAIVENI A/P THANGIAH sebagai wakil litigasi beliau 1. ) NORZARINA BINTI ROSLAN 2. ) REDZUAN BIN PONIRIN

Citation

JA-A53KJ-18-01/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-18-01/2022 (Mahkamah Sesyen)

On the balance of probabilities the credible and consistent testimony of D1 and independent witness SD2, supported by SP2's investigation and physical evidence (vehicle positions, debris concentration and damage patterns), established that the plaintiff negligently entered the opposing lane while overtaking and caused the collision; plaintiff therefore failed to prove defendants' negligence and his claim is dismissed with costs; provisional quantum was assessed for appeal purposes.
26 May 2023

1. ) Syed Yusof Bin Mirgosha 2. ) Syed Manzoor Bin Mirgosha 1. ) Chua Vui Ting 2. ) Amril Bin Amran 3. ) Ibrahim Bin Ma'mor 4. ) Joseph Lian James 5. ) Shamira Sdn Bhd

Citation

WA-22NCC-124-03/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-124-03/2021 (Mahkamah Tinggi)

Plaintiffs entitled to the balance of the Remaining Purchase Consideration because Defendants failed to issue prompt written notice of any Adjustment Event as required by the SPA, failed to plead and particularise any special damages/Adjustment Amount, failed to prove occurrence or timing of any Adjustment Event, and thus did not discharge the evidential onus to justify withholding payment; counterclaim dismissed.
14 Jun 2022

1. ) JOHNATHAN DE'CRUZ @ MAHESH 2. ) ESWARAN A/L SASITHARAN 1. ) LEONG POH CHOK 2. ) LEONG KOK HOONG

Citation

JA-A53KJ-818-11/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-818-11/2020 (Mahkamah Sesyen)

Plaintiffs' appeal on quantum is allowed in part. Applying the Compendium and assessing medical evidence, the court awarded specified sums for each injury and allowed proved special damages (hospital bills and reasonable incidental expenses). The court rejected claims for proved future loss of earnings where plaintiffs failed to prove employment or income at time of accident or where expert reports contradicted plaintiffs' assertions, but awarded global sums for loss of earning capacity to reflect permanent impairments. Awards follow Compendium ranges and require specific pleading and evident…
12 May 2022

1. ) XXXX 2. ) NORLIDA BINTI WAHID @ ABDUL WAHID 1. ) SIVA CHANDRAN A/L APPALASAMY 2. ) ST FW ENTERPRISE

Citation

JA-A53KJ-217-04/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

JA-A53KJ-217-04/2020 (Mahkamah Sesyen)

Court accepted defendants' submissions and Compendium ranges where plaintiffs failed to justify higher awards; awarded specific amounts for each injury on proven evidence, allowed limited future minimal medical expense, rejected claim for private psychiatric treatment and lifetime medication where public hospitals provided free care and there was no evidence plaintiff would incur private costs; applied recorded contributory negligence of plaintiffs 50% to reduce defendants' liability accordingly; awarded interest and costs as specified.
23 Aug 2021

1) MUHAMMAD FAKHRUL ASHYRAFF BIN KAMIL (seorang budak yang mendakwa melalui sahabat wakil dan ibunya yang sah iaitu ROSLINA BINTI ZAHARI) 2) NURUL FATIN ASMASYAZWANIE BINTI KAMIL TEA CHENG IT

Citation

DA-12B-20-09/2020 (Mahkamah Tinggi)
Court

High Court
Case number

DA-12B-20-09/2020 (Mahkamah Tinggi)

On the balance of probabilities due to irreconcilable factual conflicts the collision resulted from mutual fault and liability is apportioned 50% to each of the primary parties; however the pillion rider (Perayu 2) is an innocent party and is entitled to pursue full recovery against the tortfeasor; specified items of general and special damages were adjusted in accordance with medical reports, precedents and RCPIA guidance; interest and costs awarded as stated.