GANAD MEDIA SDN BHD METRAMAC CORPORATION SDN BHD [Dalam Likuidasi]

GANAD MEDIA SDN BHD METRAMAC CORPORATION SDN BHD [Dalam Likuidasi]

Court held plaintiff entitled to damages only for periods when it held a valid TOL: 1.7.2002–31.12.2005 and 2011–2013. The SAR was empowered by the liability judgment to determine entitlement post-1.1.2006. MAL-TEL contracts (Exhibits P32, P38) were admissible and could be relied upon as a comparator for 2011–2013; for 2002–2005 the 2nd defendant’s admission in pleadings that its annual profit was about RM250,000 formed the basis for damages. Damages were quantified at RM2,244,000.00. Interest awarded at 5% p.a. from 26.12.2003 until full settlement. Motion to vary interest dismissed; time to file any appeal in respect of the decision runs from 29.11.2023.

Citation
W-03(IM)-71-09/2021 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: Ganad Media Sdn. Bhd.; Respondent / 2nd Defendant: Big Tree Outdoor Sdn. Bhd.; Respondent / 1st Defendant: Metramac Corporation Sdn. Bhd. (In Liquidation)
Court
IM
Jurisdiction
Malaysia
Judgment Date
12 May 2023
Case Number
W-03(IM)-71-09/2021 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court Assessment of Damages
Outcome
Appeal allowed in part; High Court decision awarding nominal damages set aside and substituted
Legal Topics
Trespass, Temporary Occupation Licence (tol), Assessment of Damages, Interest on Judgment, Admissibility of Documentary Evidence
Source Language
Malay/English
Property Law Land Law Tort Civil Procedure Evidence Trespass Temporary Occupation Licence (tol) Assessment of Damages +2 more

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Parties

Ganad Media Sdn. Bhd.

Appellant / Plaintiff

Big Tree Outdoor Sdn. Bhd.

Respondent / 2nd Defendant

Metramac Corporation Sdn. Bhd. (In Liquidation)

Respondent / 1st Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court Assessment of Damages

Legal Issues

  1. 1 Whether damages period should extend beyond years with an active TOL (2006–2010)
  2. 2 Whether the plaintiff proved its quantum of damages
  3. 3 Admissibility and evidentiary weight of MAL-TEL contracts as basis for damages

Ratio Decidendi

Court held plaintiff entitled to damages only for periods when it held a valid TOL: 1.7.2002–31.12.2005 and 2011–2013. The SAR was empowered by the liability judgment to determine entitlement post-1.1.2006. MAL-TEL contracts (Exhibits P32, P38) were admissible and could be relied upon as a comparator for 2011–2013; for 2002–2005 the 2nd defendant’s admission in pleadings that its annual profit was about RM250,000 formed the basis for damages. Damages were quantified at RM2,244,000.00. Interest awarded at 5% p.a. from 26.12.2003 until full settlement. Motion to vary interest dismissed; time to file any appeal in respect of the decision runs from 29.11.2023.

Court Disposition

Appeal allowed in part; High Court decision awarding nominal damages set aside and substituted

Orders

  • Award RM2,244,000.00 in damages to the Appellant, payable jointly and severally by Metramac Corporation Sdn. Bhd. and Big Tree Outdoor Sdn. Bhd.
  • Interest at 5% per annum on RM2,244,000.00 from 26.12.2003 until full settlement