TENAGA NASIONAL BERHAD BATU KEMAS INDUSTRI SDN BHD

TENAGA NASIONAL BERHAD BATU KEMAS INDUSTRI SDN BHD

The Court held that pre-judgment interest was discretionary and not warranted given the Federal Court's remit; statutory post-judgment interest at 5% per annum applies from the date of the judgment (17.3.2022) until satisfaction; documents merely marked "ID" and not admitted as exhibits cannot support assessment of damages so awards based solely on them must be reduced to nominal sums; the High Court did not exceed the Federal Court's remit in awarding replacement/repair costs and its discretionary reduction of the quantum to RM35,000,000 was not disturbed.

Citation
A-01(W)-247-04/2022 (Mahkamah Rayuan)
Parties
Appellant/respondent: Kerajaan Malaysia; Appellant/respondent: Batu Kemas Industri Sdn Bhd; Appellant/respondent: Tenaga Nasional Berhad
Court
W
Jurisdiction
Malaysia
Judgment Date
11 November 2024
Case Number
A-01(W)-247-04/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (assessment of Damages Remitted by Federal Court) / Court of Appeal Judgment/decision
Outcome
Government of Malaysia appeal dismissed; Batu Kemas appeal allowed in part (post-judgment interest 5% p.a. from 17.3.2022 until full payment); TNB appeal allowed in part (paras (c),(d),(e) reduced to nominal RM1,000 each); para (b) deleted as subsumed into para (f); parties to bear their own costs.
Legal Topics
Assessment of Damages, Pre Judgment Interest, Post Judgment Interest, Admissibility of Identified (id) Documents, Replacement/repair Costs, Nominal Damages
Source Language
Malay/English
Civil Procedure Evidence Civil Remedies Commercial Law Assessment of Damages Pre Judgment Interest Post Judgment Interest Admissibility of Identified (id) Documents +2 more

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Parties

Kerajaan Malaysia

Appellant/respondent

Batu Kemas Industri Sdn Bhd

Appellant/respondent

Tenaga Nasional Berhad

Appellant/respondent

Procedural Posture

Civil Appeal (assessment of Damages Remitted by Federal Court) / Court of Appeal Judgment/decision

Legal Issues

  1. 1 Whether pre-judgment interest should be awarded
  2. 2 Whether statutory post-judgment interest runs from date of judgment until satisfaction
  3. 3 Whether documents marked as "ID" but not admitted as exhibits can be relied upon at assessment of damages

Ratio Decidendi

The Court held that pre-judgment interest was discretionary and not warranted given the Federal Court's remit; statutory post-judgment interest at 5% per annum applies from the date of the judgment (17.3.2022) until satisfaction; documents merely marked "ID" and not admitted as exhibits cannot support assessment of damages so awards based solely on them must be reduced to nominal sums; the High Court did not exceed the Federal Court's remit in awarding replacement/repair costs and its discretionary reduction of the quantum to RM35,000,000 was not disturbed.

Court Disposition

Government of Malaysia appeal dismissed; Batu Kemas appeal allowed in part (post-judgment interest 5% p.a. from 17.3.2022 until full payment); TNB appeal allowed in part (paras (c),(d),(e) reduced to nominal RM1,000 each); para (b) deleted as subsumed into para (f); parties to bear their own costs.

Orders

  • Appeal 242 (Government of Malaysia) dismissed
  • Appeal 243 (Batu Kemas) allowed in part: statutory post-judgment interest of 5% per annum chargeable on the judgment debt from 17.3.2022 until full settlement