Julie Lack JC:

Introduction

[1] This is an appeal against the decision of the Magistrate who after a full trial allowed the Respondent/Plaintiffs claim against the Appellant/Defendant and issued the following orders:

(i) the Appellant/Defendant to pay a sum of RM24,587.99 to the Plaintiff/Respondent together with costs of RM4,000.00; and

(ii) interest at the rate of 5% p.a on the judgment sum.

[2] The Appellant/Defendant was dissatisfied with the said decision and appealed to the High Court.

Decision Of The High Court On 28 August 2020

[3] After hearing submissions from the parties, this Court allowed the appeal and reversed part of the decision of the Magistrate. In allowing the appeal and reversing in part the decision of the Magistrate this Court informed both counsels of its brief grounds for coming to that decision. In verbatim the Court delivered its decision as follows:

It is the finding of this Court that the learned Magistrate was correct when he found that the Plaintiff Nasim Sdn Bhd has proven that the Defendant is liable to indemnify the company for any damage/loss not covered under the Vehicle's Insurance.

However in regard to the repair costs of RM24,587.99 this Court