MOHAMMAD FIRDAUS BIN AHMAD HUSSIN v SHANMUGAM A/L KANDASAMY
10 cases cited
(0 SG, 10 foreign)
Catchwords
Negligence — Road Traffic Accident — Motorcyclist overtaking from the left — Collision between motorcycles — Liability — Whether trial judge correct in finding defendant fully liable — Assessment of conflicting evidence — Independent witness testimony — Physical damage to vehicles corroborating plaintiff’s version — Contributory negligence — Appellate interference with findings of fact. Appeal — Findings of fact — Principles governing appellate intervention — Whether trial judge misdirected himself on facts or law — Whether findings plainly wrong or against weight of evidence — Deference to trial court’s assessment of witnesses and evidence. Damages — Personal injury — Assessment of quantum — Appellate interference — Principles applicable — Whether awards excessive or inadequate — General damages and special damages. Evidence — Expert evidence — Medical reports — Competing expert opinions — Weight to be accorded to objective audiological findings — Whether adverse inference under s.114(g) Evidence Act 1950 should be drawn. Civil Procedure — Expert evidence — Compliance with Order 40A Rules of Court 2012 — Mandatory requirements — Expert report not exhibited in affidavit — Absence of statement acknowledging overriding duty to court — Admissibility of expert report — Whether non-compliance curable under Order 1A — Effect of failure to object at trial. Evidence — Expert witnesses — Orthotic and prosthetic assessment report — Non-compliance with Order 40A Rules of Court 2012 — Whether report admissible — Reliance by trial court amounting to appealable error.
Practice Areas
Judges (1)
Counsel (6)
Statutes Cited
Evidence Act 1950
s 114(g)
Rules of Court 2012
Cases Cited (10)
MY (10)
[1968] 1 MLJ 284 [1969] 2 MLJ 209 [1969] 2 MLJ 49 [1976] 2 MLJ 239 [1981] 1 MLJ 24 [1995] 3 MLJ 395 [1996] 1 MLJ 209 [1996] 2 MLJ 517 [2020] 12 MLJ 67 [2020] MLJU 2125
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ba-12b-7-01-2024)