Teh Yet Poh [No. K/P: 801221-10-5544] Teh Ming Choo [No. K/P: 860130-10-5442]

Teh Yet Poh [No. K/P: 801221-10-5544] Teh Ming Choo [No. K/P: 860130-10-5442]

The High Court affirmed the Sessions Court: the trial judge correctly disallowed claimed medical and rental special damages for lack of necessity and evidence and because the rental was a voluntary choice; the RM5,000 award for facial injuries was a reasonable assessment and not manifestly low; aggravated and exemplary damages were not recoverable because they were not properly pleaded and the facts did not meet established legal categories for exemplary or aggravated awards; appellate interference was unwarranted.

Citation
12B-45-03/2019 (Mahkamah Tinggi)
Parties
Appellant and Defendant: Teh Yet Poh; Respondent and Plaintiff: Teh Ming Choo
Court
High Court
Jurisdiction
Malaysia
Judgment Date
5 August 2020
Case Number
12B-45-03/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court (counterclaim on Tort/assault) / High Court Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Assault, Quantum of Damages, Special Damages, General Damages, Aggravated Damages, Exemplary Damages, Pleading Requirements, Appellate Review
Source Language
Malay/English
Tort Civil Procedure Damages Assault Quantum of Damages Special Damages General Damages Aggravated Damages +3 more

Case Brief

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Parties

Teh Yet Poh

Appellant and Defendant

Teh Ming Choo

Respondent and Plaintiff

Procedural Posture

Civil Appeal From Sessions Court (counterclaim on Tort/assault) / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether specific items of special damages (medical treatment and rental) were properly disallowed by the trial judge
  2. 2 Whether the general damages award of RM5,000 for facial injuries was manifestly low and required increase
  3. 3 Whether aggravated and exemplary damages could be awarded absent proper pleading and on the facts of the case

Ratio Decidendi

The High Court affirmed the Sessions Court: the trial judge correctly disallowed claimed medical and rental special damages for lack of necessity and evidence and because the rental was a voluntary choice; the RM5,000 award for facial injuries was a reasonable assessment and not manifestly low; aggravated and exemplary damages were not recoverable because they were not properly pleaded and the facts did not meet established legal categories for exemplary or aggravated awards; appellate interference was unwarranted.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Session Court award affirmed: special damages RM3,749.00 and general damages RM5,000.00