Mohd Radzi bin Harun

On the judicial record

A judge whose reported corpus spans contract and sale of goods, environmental and corruption prosecutions, administrative law and medical negligence, across both the High Court and Court of Appeal.

Justice Mohd Radzi bin Harun sits in both the High Court (Mahkamah Tinggi) and the Court of Appeal (Mahkamah Rayuan), and the reported decisions in this corpus are broad, spanning contract, sale of goods, environmental crime, administrative law and corruption, with judgments in both Bahasa Malaysia and English. Contract and sale-of-goods disputes recur, including a claim arising from a contract for the discharge of goods from a vessel where the question was whether the plaintiff had failed to comply with a condition precedent, and a dispute over an industrial boiler engaging the implied conditions of fitness for purpose and merchantable quality under section 16 of the Sale of Goods Act 1957 following a tube failure.

Regulatory and environmental crime appears through a prosecution under the Environmental Quality Act 1974 for the discharge of effluent exceeding permitted limits under section 16, where a biochemical-oxygen-demand reading above the allowed level was in issue, and corruption through a prosecution under the Malaysian Anti-Corruption Commission Act 2009 concerning a public servant's request for and receipt of gratification, where the safety of the conviction was examined.

Administrative law is a distinct strand, including judicial review of the refusal to renew a mining lease under the Pahang Mineral Enactment 2001, where only the lessee was entitled to apply for renewal, and land-acquisition compensation where the valuation methodology and the treatment of development potential were challenged. Medical negligence also features, including a claim on informed consent and the failure to disclose material risks and a departure from a tumour-board recommendation, assessed by the Bolam standard. Road-traffic appeals on liability and quantum, several involving the same parties across companion appeals, round out a versatile docket. The corpus reflects a judge comfortable across the civil, criminal, regulatory and administrative fields, resolving each matter by close attention to the governing statutory provision — whether the implied conditions of the sale-of-goods legislation, the pollution limits of the environmental legislation, or the renewal criteria of the mineral legislation — and to the standard of proof appropriate to the issue.