HARTA PESAKA MOHAMMAD SHAZRIN HASSAN vs NAGA CHITTRA RAJAGOPAL & ORS

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2023 MarsdenLR 1601

COURT OF APPEAL PUTRAJAYA
HARTA PESAKA MOHAMMAD SHAZRIN HASSAN – Appellant
Versus
NAGA CHITTRA RAJAGOPAL & ORS – Respondent

Petitioner Advocates:Vinod R Kamalanathan ,Respondent Advocate: GK Ganesan,KN Geetha,Kameswary Ramasamy,GS Saran,RJ Nevina

Table of Content
1. background of the negligence suit and appeals. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. rules governing application for review of decisions. (Para 10 , 11 , 12 , 13 , 14)
3. criteria for granting leave to appeal and review. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23)

Lim Chong Fong JCA:

Introduction

[1] This is an application for leave to review this Court's decision dated 7 July 2021 dismissing the Applicant's application for leave to appeal against the decision of the High Court.

[2] We heard the application on 6 April 2023 and thereafter unanimously dismissed it with costs of RM20,000.00 to the 1st to 5th Respondents and costs of RM5,000.00 to the 6th to 7th Respondents, all subject to allocatur. We now provide the grounds of our decision below.

Background

[3] On 5 August 2014, Shazrin Hassan deceased ("Applicant as represented by his estate") whilst riding a motorcycle was involved in a motor vehicle collision with another motorcycle ridden by Mahendran Narasimaloo deceased ("1st Respondent as represented by his estate") as well as a lorry driven by Kavi Thasan Nagamuthu ("6th Respondent") owned by Kapar Florist Enterprise ("7th Respondent"). The other 2nd to 5th Re

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2023 MarsdenLR 1601

COURT OF APPEAL PUTRAJAYAHARTA PESAKA MOHAMMAD SHAZRIN HASSAN – AppellantVersusNAGA CHITTRA RAJAGOPAL & ORS – Respondent

Cases Referred (5)

COURT OF APPEAL PUTRAJAYA
HARTA PESAKA MOHAMMAD SHAZRIN HASSAN – Appellant
Versus
NAGA CHITTRA RAJAGOPAL & ORS – Respondent