XXXX v 1. ) XXXX 2. ) Sazali Bin Mohd Karli (Selaku Pengetua Defendan Pertama)

w-01ncvcw-74-02-2023 Court of Appeal (Mahkamah Rayuan) 24 June 2025 • W-01(NCvC)(W)-74-02/2023 • 49 min read
12 cases cited (0 SG, 12 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (9)

Parties (3)

Case Significance

XXXX v 1. ) XXXX 2. ) Sazali Bin Mohd Karli (Selaku Pengetua Defendan Pertama) is a Court of Appeal (Mahkamah Rayuan) decision dated June 24, 2025 (citation: w-01ncvcw-74-02-2023). <p>Parents of a special needs student with ADHD and Asperger's Syndrome sued the special education school, its principal, the Ministry of Education, and the Government for breach of duty of care arising from alleged physical and verbal bullying and failure to comply with educational regulations under Section 28 of the Persons With Disabilities Act 2008. The Court of Appeal unanimously dismissed the appeal, finding that the evidence was insufficient to establish bullying on a balance of probabili The panel comprised Azmi bin Ariffin, Faizah binti Jamaludin and Mohd Nazlan bin Mohd Ghazali, with Mohd Nazlan bin Mohd Ghazali delivering the judgment.

Summary

Parents of a special needs student with ADHD and Asperger's Syndrome sued the special education school, its principal, the Ministry of Education, and the Government for breach of duty of care arising from alleged physical and verbal bullying and failure to comply with educational regulations under Section 28 of the Persons With Disabilities Act 2008. The Court of Appeal unanimously dismissed the appeal, finding that the evidence was insufficient to establish bullying on a balance of probabilities and that the alleged regulatory non-compliance had not been proven.

What was the outcome of XXXX v 1. ) XXXX 2. ) Sazali Bin Mohd Karli (Selaku Pengetua Defendan Pertama)?

<p>Parents of a special needs student with ADHD and Asperger's Syndrome sued the special education school, its principal, the Ministry of Education, a...

Statutes Cited

Federal Constitution
Art 12
Penal Code
s 323

Cases Cited (12)

UK (2)
[1943] 2 All ER 629 [1947] AC 484
MY (10)
[1977] 2 MLJ 103 [1981] 2 MLJ 27 [1996] 4 CLJ 1 [1996] 5 MLJ 473 [1998] 3 MLJ 457 [2004] 4 CLJ 309 [2005] 2 MLJ 1 [2010] 9 CLJ 785 [2015] 2 MLJ 441 [2020] 10 CLJ 1