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Cases

CHUA KAY HOCK & ANOR v. LEE HOON POI
Court of Appeal, Putrajaya
Yaacob Md Sam, Abu Bakar Jais, Gunalan Muniandy JJCA
[Civil Appeal No: J-04(W)-610-12-2018]
8 July 2022
[2022] 5 MLRA 625

JUDGMENT

Gunalan Muniandy JCA:

Introduction

[1] This appeal arises from a decision of the Learned Judicial Commissioner ['LJC'] of the Johor Bahru High Court in an appeal from a decision of the Sessions Court on the issue of quantum only in a running down action. Before us, the challenge to the decision of the LJC by the plaintiff/appellant centred around the order to set aside the award for the cost of bionic prosthesis made by the Learned Sessions Court Judge ['LSCJ'] and the purported entitlement of the plaintiff to punitive damages (exemplary and aggravated damages) which the LJC declined to award.

Brief Facts

[2] An accident had occurred on 17 November 2015 around 7.50pm between the 1st appellant's motorcycle and a car driven by the respondent. The 2nd appellant was riding pillion with the 1st appellant, and was also injured.

[3] As the result of the accident, the 1st appellant's right lower limb was amputated at the above knee level.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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