Leong Wai Hong JC:

[Appeal In WA-12BNCvC-56-04/2023]

[Appeal In WA-12BNCvC-60-04/2023]

[Appeal In WA-12BNCvC-63-04/2023]

Introduction

[1] This judgment deals with three appeals and a cross-appeal arising from a tragic motorcycle accident. The important issue that arises is whether errors in the particulars stated in a Statement of Claim are fatal under the principle that parties are bound by their pleadings. Are all errors or only certain categories of errors fatal? Will it result in the claim being dismissed because of this technical defect?

[2] The main appeal is by the two plaintiffs at the Sessions Court below, ie Mohd Hakeem Bin Haniff, a gym instructor age 34 and his fiancee Nurul Shafinaz Binti Abdul Rashid, age 26 at the time of the accident.

[3] They were seriously injured on 19 September 2019 while riding a motorcycle at about 11:10 pm which hit, and I quote, "satu lubang yang besar/rata yang tidak rata aras jalan tersebut.", unquote.

[See Statement of Claim para 3 encl 3 p 41].

[4] The Malay phrase "satu lubang yang besar/rata yang tidak rata aras jalan" translated into English is "a large hole/uneven road level".

[5] At the Sessions Court , the plaintiffs on 23 October