S. SUMATHI A/P SELVADURAI SANMUGAM A/L RENGASAMY

S. SUMATHI A/P SELVADURAI SANMUGAM A/L RENGASAMY

Because the interlocutory default judgment establishing liability remained extant and was not set aside or stayed, the court must assess damages on the basis that the plaintiff's allegations are proved; accordingly the court awarded general damages RM5,000, loss-of-use RM5,150, aggravated damages RM3,000, costs on indemnity RM53,224 and interest on all assessed sums from 22.3.2022 until full settlement.

Citation
WA-A73-2-01/2022 (Mahkamah Majistret)
Parties
Appellant / Defendant: SANMUGAM A/L RENGASAMY; Respondent / Plaintiff: S. SUMATHI A/P SELVADURAI
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
3 August 2022
Case Number
WA-A73-2-01/2022 (Mahkamah Majistret)
Procedural Posture
Civil Appeal From Magistrate Assessment of Damages / Assessment of Damages Following Interlocutory Default Judgment
Outcome
Assessment awarded in favour of respondent; interlocutory/default judgment remains in force and assessment proceeds despite pending appeal; awarded sums and interest ordered.
Legal Topics
Trespass, Negligence, Aggravated Damages, Indemnity Costs (solicitor Client), Interest on Judgment, Interlocutory/default Judgment
Source Language
Malay/English
Tort Civil Procedure Costs Judgment Enforcement Trespass Negligence Aggravated Damages Indemnity Costs (solicitor Client) +2 more

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Parties

SANMUGAM A/L RENGASAMY

Appellant / Defendant

S. SUMATHI A/P SELVADURAI

Respondent / Plaintiff

Procedural Posture

Civil Appeal From Magistrate Assessment of Damages / Assessment of Damages Following Interlocutory Default Judgment

Legal Issues

  1. 1 Whether assessment of damages should proceed despite pending appeal against interlocutory default judgment
  2. 2 Whether defendant can reopen liability or causation at assessment stage after default interlocutory judgment
  3. 3 Proper measure of damages for trespass and loss of use

Ratio Decidendi

Because the interlocutory default judgment establishing liability remained extant and was not set aside or stayed, the court must assess damages on the basis that the plaintiff's allegations are proved; accordingly the court awarded general damages RM5,000, loss-of-use RM5,150, aggravated damages RM3,000, costs on indemnity RM53,224 and interest on all assessed sums from 22.3.2022 until full settlement.

Court Disposition

Assessment awarded in favour of respondent; interlocutory/default judgment remains in force and assessment proceeds despite pending appeal; awarded sums and interest ordered.

Orders

  • General damages RM5,000.00 awarded to respondent
  • Damages for inability to use seized goods RM5,150.00 awarded to respondent