peninsular home sdn bhd Ko Lim Tristar Sdn Bhd

peninsular home sdn bhd Ko Lim Tristar Sdn Bhd

The court held that the claimant sought gross rental revenue without proving profit after deducting necessary outgoings and relied on an inadequately supported valuation that assumed 100% occupancy; accordingly the concurrent awards were set aside and the court entered judgment for a proved net loss of RM228,926.18 with 5% p.a. interest from 22-01-2019 and costs RM20,000 to the Defendant (subject to allocatur).

Citation
W-03(IM)-63-10/2020 (Mahkamah Rayuan)
Parties
Appellant/defendant: Peninsular Home Sdn Bhd; Respondent/plaintiff: Ko Lim Tristar Sdn Bhd
Court
IM
Jurisdiction
Malaysia
Judgment Date
16 June 2023
Case Number
W-03(IM)-63-10/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal Concerning Assessment of Damages Arising From Specific Performance Order / Court of Appeal Judgment (re Hearing Under S69 Courts of Judicature Act 1964)
Outcome
Appeal allowed in part; assessment of damages by Deputy Registrar and High Court set aside; judgment entered for RM228,926.18 with interest at 5% per annum from 22-01-2019; costs RM20,000 awarded to the Defendant subject to allocatur.
Legal Topics
Specific Performance, Assessment of Damages, Measure of Damages for Deprivation of Property, Loss of Profit Vs Gross Revenue, Admissibility and Sufficiency of Expert Valuation, Appellate Review of Concurrent Findings
Source Language
Malay/English
Contract Property Civil Procedure Equity Evidence Damages Law Specific Performance Assessment of Damages +4 more

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Parties

Peninsular Home Sdn Bhd

Appellant/defendant

Ko Lim Tristar Sdn Bhd

Respondent/plaintiff

Procedural Posture

Civil Appeal Concerning Assessment of Damages Arising From Specific Performance Order / Court of Appeal Judgment (re Hearing Under S69 Courts of Judicature Act 1964)

Legal Issues

  1. 1 Whether claimant may recover gross rental income without deducting expenses to arrive at profit
  2. 2 Whether the Raine Horne Zaki valuation report provided sufficient analysis and foundation to support the claimed rental rates and 100% occupancy assumption
  3. 3 Proper time period for loss and calculation of rental loss

Ratio Decidendi

The court held that the claimant sought gross rental revenue without proving profit after deducting necessary outgoings and relied on an inadequately supported valuation that assumed 100% occupancy; accordingly the concurrent awards were set aside and the court entered judgment for a proved net loss of RM228,926.18 with 5% p.a. interest from 22-01-2019 and costs RM20,000 to the Defendant (subject to allocatur).

Court Disposition

Appeal allowed in part; assessment of damages by Deputy Registrar and High Court set aside; judgment entered for RM228,926.18 with interest at 5% per annum from 22-01-2019; costs RM20,000 awarded to the Defendant subject to allocatur.

Orders

  • Set aside the assessment of damages of the Deputy Registrar dated 22-01-2019 and the High Court Judge dated 23-09-2020
  • Enter judgment for the Respondent in the sum of RM228,926.18