Ex-employer successful in overturning RM750,000 payout to family of fatally abused Adelina Lisao

Ex-employer successful in overturning RM750,000 payout to family of fatally abused Adelina Lisao



Indonesian domestic worker Adelina was allegedly abused and forced to sleep at her employer's car porch with a dog for a month. — Picture courtesy of Steven Sim's office

Friday, 26 Sep 2025 4:21 PM MYT


PUTRAJAYA, Sept 26 — The Court of Appeal has overturned a High Court order requiring the former employer of abused Indonesian domestic worker Adelina Lisao to pay RM750,000 in compensation to her mother.

The appellate court’s decision means the civil suit will now go to a full trial, as judges ruled it was inappropriate to decide the matter based only on affidavit evidence.

A three-judge panel led by Datuk Azizul Azmi Adnan allowed R. Jayavartiny’s appeal, setting aside the earlier ruling which was issued through a default judgment last year, the New Straits Times reported.

A default judgment is issued when the defendant does not respond or attend court within the set timeframe, allowing the plaintiff to win without a contested hearing.


The lawsuit was filed in August 2023 by Yohana Banunaek, the administrator of Adelina’s estate, and a default ruling was granted in November after Jayavartiny and her mother, S. Ambika, failed to appear.

That decision ordered them to pay RM500,000 in aggravated damages and RM250,000 in general damages, holding them responsible for Adelina’s suffering and death, though Ambika has since died.

The High Court judge had described their conduct as a breach of human rights and “reprehensible”, saying medical evidence showed Adelina was denied proper care and lost her life as a result.


Jayavartiny later applied to cancel the default judgments issued on Nov 30, 2023, and Feb 8, 2024, but the High Court in Penang on Feb 20 ruled they were valid and properly served.

In today’s judgment, Azizul said the Court of Appeal was not satisfied it could resolve disputed facts — including whether Jayavartiny was living at the property at the time — without hearing full evidence.

He said that while the original judgment had been properly obtained, Jayavartiny’s own admissions, such as taking Adelina to clinics and helping to hire domestic workers, suggested she could still owe a duty of care.

The court also rejected her request to present new evidence, saying it did not meet the necessary legal standards.

The case will now return to the High Court for trial, with lawyer Karin Lim representing Yohana and S. Annie Santha acting for Jayavartiny.