1. ) MUHAMMAD NAFIS BIN JOHARI (sebagai orang ketidakupayaan yang mendakwa melalui wakil litigasi JOHARI BIN SAAD) 2. ) SAUDAH BINTI DIN v 1. ) MOHD FAIZAL BIN ROMLI 2. ) ROMLI BIN HARSH

ka-12b-7-04-2025 High Court (Mahkamah Tinggi) 28 March 2026 • KA-12B-7-04/2025 • 33 min read
22 cases cited (3 SG, 19 foreign)

Catchwords

Primary Subject Areas: TORT — Negligence — Motor vehicle accident — Personal injury — Assessment of damages — Quantum of damages CIVIL PROCEDURE — Jurisdiction — Judgments and orders — Perfected orders — Costs General Damages: Damages: Assessment — General damages — Severe Traumatic Brain Injury (TBI) — Major neurocognitive disorder — Physical impairment — Proper approach to assessment — "Component approach" versus "global award" approach — Whether trial judge erred in lumping distinct injuries into a single global award. Damages: Loss of earning capacity — Plaintiff a 16-year-old student at the time of the accident — Plaintiff not employed and not receiving income — Whether employment status determinative — Whether there exists a real or substantial risk that future earning capacity will be adversely affected. Damages: Pain and suffering and loss of amenities (PSLA) — Claim for separate blanket award for PSLA — Whether inherently compensated under specific physical and psychiatric injuries — Prevention of double recovery. Special Damages: Damages: Special damages — Future nursing care — Institutional care — Proof of costs — Whether trial judge erred in relying on unpleaded quotation for a defunct facility — Multiplier — Life expectancy — Whether trial judge erred in arbitrarily reducing the duration of future care against undisputed expert medical consensus. Damages: Special damages — Future medical treatment — Multidisciplinary Team (MDT) treatment — Private healthcare versus public healthcare — Whether claim for private medical expenses can be denied purely on the availability of free government hospital facilities — Test of reasonableness. Damages: Special damages — Psychiatric medication costs — Pleadings — Whether trial judge erred in dismissing claim on the basis it was not pleaded. Civil Procedure & Jurisdiction: Civil Procedure: Judgments and orders — Sealed order — Amendment of perfected judgment — Registrar amending costs order to a single global figure after notice of appeal filed — Whether court was functus officio — Whether Registrar acted ultra vires the Subordinate Courts Act 1948 and Rules of Court 2012 — Nullity. Civil Procedure: Costs — Scale of costs — Order 59 rule 23 of the Rules of Court 2012 — Distinction between "Costs of Suing" and "Advocacy Fees" — Whether Registrar erred in combining distinct heads of costs into a single combined ceiling. Civil Procedure: Judgments and orders — "Non-speaking judgment" — Failure of trial judge to provide judicial reasoning for findings — Failure to evaluate expert evidence — Appellate intervention. Civil Procedure: Interest — Interest on special damages — Deviation from Chief Justice’s Practice Direction No. 1 of 2013 — Variation of interest rate to 5% per annum.

Judges (1)

John Lee Kien How @ Mohammad Johan Lee Delivered

Parties (4)

Mohd Faizal bin Romli Respondent Muhammad Nafis bin Johari Appellant Romli bin Harsh Respondent Saudah binti Din Appellant

Statutes Cited

Rules of Court 2012
Subordinate Courts Act 1948 (Cap 92)

Cases Cited (22)

SG (1)
[2010] SGCA 22
SLR (2)
[2008] 4 SLR 825 [2010] 3 SLR 587
UK (2)
[1977] 1 All ER 9 [1979] 2 All ER 910
MY (17)
[1981] 1 MLJ 292 [1985] 1 MLJ 30 [1986] 1 MLRH 272 [1987] 2 MLJ 201 [1991] 2 MLJ 42 [1998] 1 MLJ 393 [2010] 5 CLJ 229 [2014] 3 CLJ 482 [2015] 6 CLJ 295 [2016] 2 CLJ 885 [2016] 2 CLJ 965 [2016] 2 MLJ 1 [2018] 3 CLJ 427 [2019] 4 CLJ 289 [2020] 3 MLRH 173 [2023] AMEJ 2453 [2024] AMEJ 2121

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ka-12b-7-04-2025)