BATU KEMAS INDUSTRI SDN BHD 1. ) Kerajaan Malaysia 2. ) TENAGA NASIONAL BERHAD

BATU KEMAS INDUSTRI SDN BHD 1. ) Kerajaan Malaysia 2. ) TENAGA NASIONAL BERHAD

Pre-judgment interest is discretionary and not awarded because Federal Court remit was specific; post-judgment interest at statutory rate 5% per annum is payable from the date of the High Court assessment judgment (17.3.2022) until full payment; the High Court did not err in awarding RM35,000,000 for replacement/repair where the valuation evidence was unrebutted and the judge made justified adjustments; documents marked "ID" are not admissible to prove quantum so heads supported only by ID documents reduced to nominal damages of RM1,000 each; deletion of para (b) as subsumed into para (f) and parties to bear their own costs.

Citation
A-01(W)-243-04/2022 (Mahkamah Rayuan)
Parties
Defendant/appellant: Kerajaan Malaysia; Plaintiff/appellant: Batu Kemas Industri Sdn Bhd; Defendant/appellant: Tenaga Nasional Berhad
Court
W
Jurisdiction
Malaysia
Judgment Date
11 November 2024
Case Number
A-01(W)-243-04/2022 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Decision on Appeals From High Court Assessment of Damages Remitted by Federal Court
Outcome
Appeal 242 dismissed; Appeal 243 allowed in part (post-judgment interest awarded); Appeal 247 allowed in part (nominal damages for certain heads and deletion of subsumed award); parties to bear their own costs.
Legal Topics
Assessment of Damages, Pre Judgment Interest, Post Judgment Interest, Admissibility of Documents (id Documents), Scope of Remitted Issues, Nominal Damages, Burden of Proof
Source Language
Malay/English
Civil Tort Contract Evidence Procedure Assessment of Damages Pre Judgment Interest Post Judgment Interest +4 more

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Parties

Kerajaan Malaysia

Defendant/appellant

Batu Kemas Industri Sdn Bhd

Plaintiff/appellant

Tenaga Nasional Berhad

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Decision on Appeals From High Court Assessment of Damages Remitted by Federal Court

Legal Issues

  1. 1 Whether pre-judgment interest should be awarded for the period from cause of action to judgment
  2. 2 Whether post-judgment interest runs from the assessment judgment date until payment
  3. 3 Whether documents marked as "ID" but not admitted as exhibits can support awards in assessment of damages

Ratio Decidendi

Pre-judgment interest is discretionary and not awarded because Federal Court remit was specific; post-judgment interest at statutory rate 5% per annum is payable from the date of the High Court assessment judgment (17.3.2022) until full payment; the High Court did not err in awarding RM35,000,000 for replacement/repair where the valuation evidence was unrebutted and the judge made justified adjustments; documents marked "ID" are not admissible to prove quantum so heads supported only by ID documents reduced to nominal damages of RM1,000 each; deletion of para (b) as subsumed into para (f) and parties to bear their own costs.

Court Disposition

Appeal 242 dismissed; Appeal 243 allowed in part (post-judgment interest awarded); Appeal 247 allowed in part (nominal damages for certain heads and deletion of subsumed award); parties to bear their own costs.

Orders

  • Appeal 242 dismissed
  • Appeal 243 allowed in part: interest at 5% per annum chargeable on the judgment debt from 17.3.2022 until full payment