1. ) Rathnavel A/l Packirisamy 2. ) Thanabalan A/l Gurusamy 3. ) Ganasan A/l Muthu 4. ) Kuppusamy A/l Munusamy 5. ) Ramayah A/l Arumugam 6. ) Sivasankaran Pillay A/l Ramasamy 7. ) Kanesan A/l Velusamy 8. ) Nagama A/p Letchumanan 9. ) Vasuki

1. ) Rathnavel A/l Packirisamy 2. ) Thanabalan A/l Gurusamy 3. ) Ganasan A/l Muthu 4. ) Kuppusamy A/l Munusamy 5. ) Ramayah A/l Arumugam 6. ) Sivasankaran Pillay A/l Ramasamy 7. ) Kanesan A/l Velusamy 8. ) Nagama A/p Letchumanan 9. ) Vasuki

Given the pleaded reliefs, the findings of breach of trust and the absence of evidence establishing the Respondent's actual profits or the precise quantum of loss, the trial judge did not err in ordering an assessment of compensation rather than awarding a quantified sum at trial; the appeal is dismissed.

Citation
W-02(NCvC)(W)-281-02/2020 (Mahkamah Rayuan)
Parties
Appellants/plaintiffs: Rathnavel S/O Packirisamy and 31 others (Appellants/Plaintiffs); Respondent/defendant: Koperasi NLFCS Berhad
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
19 July 2021
Case Number
W-02(NCvC)(W)-281-02/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Judgment on Appeal (court of Appeal)
Outcome
Appeal dismissed with costs
Legal Topics
Breach of Trust, Restitution, Account of Profits, Assessment of Damages, Valuation Evidence
Source Language
Malay/English
Equity Trusts Property Law Civil Procedure Breach of Trust Restitution Account of Profits Assessment of Damages +1 more

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Parties

Rathnavel S/O Packirisamy and 31 others (Appellants/Plaintiffs)

Appellants/plaintiffs

Koperasi NLFCS Berhad

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the trial judge should have quantified damages at the end of the trial or order a separate assessment
  2. 2 Whether valuation evidence adduced was sufficient to quantify restitution or profits of the trustee
  3. 3 Whether an account of profits could be ordered when such a remedy was not pleaded and actual profits were not proven

Ratio Decidendi

Given the pleaded reliefs, the findings of breach of trust and the absence of evidence establishing the Respondent's actual profits or the precise quantum of loss, the trial judge did not err in ordering an assessment of compensation rather than awarding a quantified sum at trial; the appeal is dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs