Original language

English

Country
Malaysia
Date of text
Type of court
National - higher court
Sources
Court name
High Court of Malaysia
Seat of court
Kuala Lumpur
Reference number
[2009] MYMHC 92
Tagging
Burden of Proof, Injunctive Relief, Evidence, Remedies, Damages, Licences, Air pollution, Standing, Torts, Property
Free tags
Land & soil
Justice(s)
Kamardin Bin Hashim; Pesuruhjaya Kehakiman; Mahkamah Tinggi; Johor Bahru
Abstract

 In this case, the plaintiff sued the operator of a petrol station neighbouring a residential lot. The plaintiff complained that the exposure to the gasoline fumes and petrol smoke had consequences on his health. Also, the plaintiff pointed out that the station was releasing black oil.

Following the investigation elements provided by the parties, the Court considered that the accusations of the plaintiff were not founded and because the plaintiff could not show the evidence of those facts. The court explained that the request of the plaintiff would impose a burden of proof upon a defendant. The Court recalled the principle which states that the burden of the proof relies on the plaintiff and that in the absence of conclusive evidences, the injunction damages could not be granted.