Wan Suleiman FJ:

The plaintiff Lau Piang Ngong was on his way to Batu Pahat travelling on a motor cycle. At the 25th milestone Johore Bahru/Ayer Hitam road he followed a motor lorry-cum-trailer No. JM 4870 driven by the defendant Ang Koon Kau. At a bend Ang's lorry-cum-trailer was involved in an accident with an oncoming motor lorry JJ 1058, the driver of which was killed in the accident. In the Statement of Agreed Facts it appeared that the road surface was dry, the weather condition was fine and visibility was good.

A few hours after the accident Ang lodged a police report in which he said that at the time of the accident his trailer detached itself from the lorry. He then stopped and saw his trailer some 400 yards behind. On looking closer he found blood on the left side of the road and also discovered that his trailer was damaged. He gave no explanation in the report as to how the trailer had become detached.

Lau sustained serious injuries from that accident and made a police report just over two months thereafter. In it he said that at the scene of the accident he was about 50 feet behind Ang's lorry when the trailer came off and then collided with the motor lorry com