1. ) Hazwani Binti Misman 2. ) Hamizah Binti Misman v 1. ) Ching Tai Seng 2. ) Ching Hock Meng
9 cases cited
(0 SG, 9 foreign)
Catchwords
NEGLIGENCE — Road traffic accident — Liability — No direct collision between appellants’ and respondents’ vehicles — Third-party vehicle (JGS 39) collided with appellants’ vehicle before striking respondents’ vehicle — Police investigation attributing fault to third-party driver — Appellants confronted with sudden emergency and entitled to rely on “agony of the moment” doctrine — Whether learned Magistrate misappreciated material evidence and wrongly imposed 100% liability on appellants. DAMAGES — Special damages — Strict proof — Repair costs awarded based principally on adjuster’s report — Absence of verified invoices, receipts, proof of payment or evidence from repairer — Whether special damages strictly proved
Practice Areas
Judges (1)
Cases Cited (9)
MY (9)
[1964] MLJ 74 [1990] 2 CLJ 191 [1995] 3 MLJ 395 [1996] 4 CLJ 545 [2006] 2 CLJ 337 [2010] 9 CLJ 785 [2015] 2 CLJ 453 [2015] 2 MLJ 441 [2024] 2 MLJ 652
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (ja-11b-6-09-2025)