JUDGMENT

Lord Keith of Kinkel:

This appeal from the Federal Court of Malaysia arises out of a collision which took place on 8 January 1976, in the township of Johore Bahru between a motor cycle being driven by the respondent and a motor lorry being driven by the first appellant in the course of his employment with the second appellant.

The trial Judge reached the conclusion that the respondent had not proved his case of negligence against the appellants and stated that the accident was probably caused by the fault of the respondent. The Federal Court reversed his judgment and gave judgment for the respondent on the ground that the accident was caused by the fault of the first appellant.

The first and second appellants now appeal to this Board. In their Lordships' opinion the reasons for his judgment given by the learned trial Judge were unsatisfactory and in some respects contradictory of each other. It seems to their Lordships that this is very clearly a case where, consistently with the principles laid down by Lord Thankerton in Thomas v. Thomas [1947] AC 485 at p. 488, the Federal Court were entitled to review the findings of fact of the trial Judge and to reach their own conclu