1. Norazlina binti Buang (No K/P: 810122-01-5302) (Berniaga sebagai pemilik tunggal atas nama dan gaya "B & Y Electrical & Mechanical Engineering" No. Pendaftaran Perniagaan: JM0194733-W) 2. Mohamad Syafiq bin Buang (No. K/P: 861013-23-6675

1. Norazlina binti Buang (No K/P: 810122-01-5302) (Berniaga sebagai pemilik tunggal atas nama dan gaya "B & Y Electrical & Mechanical Engineering" No. Pendaftaran Perniagaan: JM0194733-W) 2. Mohamad Syafiq bin Buang (No. K/P: 861013-23-6675

Appeal allowed: Sessions Court decision set aside because Respondent failed to prove case against the 1st Appellant who became sole proprietor after the events and the Respondent failed to prove that the 2nd Appellant had custody/control of the bulk of the cables; documentary and witness evidence established that Plaintiff's employee received and credited cables to other contractors; special damages were not specifically proved; accordingly judgment entered for 2nd Appellant on his counterclaim for RM234,777.10 and costs awarded to each Appellant.

Citation
JA-12BNCvC-15-11/2020 (Mahkamah Tinggi)
Parties
Appellant (1st Defendant in Lower Court): Norazlina binti Buang; Appellant (2nd Defendant in Lower Court): Mohamad Syafiq bin Buang; Respondent (plaintiff in Lower Court): Tenaga Nasional Berhad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
29 August 2021
Case Number
JA-12BNCvC-15-11/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Judgment on Appeal From Sessions Court
Outcome
Appeal allowed; decision of Sessions Court set aside in its entirety
Legal Topics
Mandatory Injunction, Recovery of Goods/conversion, Special Damages, Counterclaim, Burden of Proof, Sole Proprietorship Liability
Source Language
Malay/English
Civil Procedure Contract Property Law Evidence Mandatory Injunction Recovery of Goods/conversion Special Damages Counterclaim +2 more

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Parties

Norazlina binti Buang

Appellant (1st Defendant in Lower Court)

Mohamad Syafiq bin Buang

Appellant (2nd Defendant in Lower Court)

Tenaga Nasional Berhad

Respondent (plaintiff in Lower Court)

Procedural Posture

Civil Appeal / High Court Judgment on Appeal From Sessions Court

Legal Issues

  1. 1 Whether the 1st Appellant (registered sole proprietor after the events) can be held liable for acts done before she became proprietor
  2. 2 Whether the 2nd Appellant received and had custody/control of the cables and materials alleged by the Respondent
  3. 3 Whether a mandatory injunction or alternative monetary relief (special damages) is appropriate given the evidence

Ratio Decidendi

Appeal allowed: Sessions Court decision set aside because Respondent failed to prove case against the 1st Appellant who became sole proprietor after the events and the Respondent failed to prove that the 2nd Appellant had custody/control of the bulk of the cables; documentary and witness evidence established that Plaintiff's employee received and credited cables to other contractors; special damages were not specifically proved; accordingly judgment entered for 2nd Appellant on his counterclaim for RM234,777.10 and costs awarded to each Appellant.

Court Disposition

Appeal allowed; decision of Sessions Court set aside in its entirety

Orders

  • Decision of the learned Sessions Judge dated 27.10.2020 set aside in its entirety
  • Judgment entered for the 2nd Defendant/2nd Appellant on his counterclaim in the sum of RM234777.10