Harta Pesaka Mohammad Shazrin Bin Hassan v 1. ) XXXX 2. ) NAGA CHITTRA A/P RAJAGOPAL

bl-12b-15-08-2024 High Court (Mahkamah Tinggi) 26 February 2026 • BL-12B-15-08/2024

Catchwords

Civil appeal – quantum of damages - whether the Plaintiffs have to secure an official exemption under the Medical Device Act 2012 (“MDA”) before claim for procurement of the MyoPro2 device can be allowed - whether provisions in the Road Transport Act 1987 (“RTA”) take precedence over the provisions in the MDA - the RTA is the primary legislation governing third-party insurance claim in Malaysia - its provisions take precedence over any administrative requirements under the MDA - questions of regulatory compliance under the MDA, including registration or exemption protocols, fall within the distinct jurisdiction of the relevant administrative bodies - these collateral issues must be pursued independently and subsequent to the satisfaction of the judgment.

Judges (1)

Shamsulbahri bin Haji Ibrahim Delivered

Parties (2)

Harta Pesaka Mohammad Shazrin bin Hassan Appellant Naga Chittra a/p Rajagopal Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (bl-12b-15-08-2024)