1. ) AWA NEW PARTS SDN BHD 2. ) YIP WAI KEAN 1. ) WINSTON CHIN WENG FAI 2. ) FONG MIN YI 3. ) KHU WENG SHEN 4. ) NG CHUN KIT 5. ) CARSTO GARAGE SDN BHD

1. ) AWA NEW PARTS SDN BHD 2. ) YIP WAI KEAN 1. ) WINSTON CHIN WENG FAI 2. ) FONG MIN YI 3. ) KHU WENG SHEN 4. ) NG CHUN KIT 5. ) CARSTO GARAGE SDN BHD

The court held that an assessment of damages may proceed based on the undertaking given with an ex parte interlocutory injunction without a separate judgment or formal Registrar directions where the parties were informed, participated in case management and plaintiffs were estopped from raising procedural...

Source-derived case information.

Citation
WA-B52NCC-1314-05/2023 (Mahkamah Sesyen)
Parties
Plaintiff: AWA NEW PARTS SDN BHD; Plaintiff: YIP WAI KEAN; Defendant: WINSTON CHIN WENG FAI; Defendant: FONG MIN YI; Defendant: KHU WENG SHEN; Defendant: NG CHUN KIT; Defendant: CARSTO GARAGE SDN BHD
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
12 August 2024
Case Number
WA-B52NCC-1314-05/2023 (Mahkamah Sesyen)
Procedural Posture
Civil Assessment of Damages Arising From Ex Parte Interlocutory Injunction / Session Court Judgment Dated 12.8.2024; Appeal Filed to High Court (notice of Appeal 26.8.2024)
Outcome
Session Court allowed defendants' application for assessment of damages and awarded damages and costs; plaintiffs have appealed to the High Court.
Legal Topics
Assessment of Damages Under Order 37 Rules of Court 2012, Undertaking as to Damages, Estoppel, Mitigation of Loss, Ex Parte Interlocutory Injunction, Breach of Fiduciary Duty, Misappropriation of Customers
Civil Procedure Injunctions Damages Company Law Fiduciary Duties Assessment of Damages Under Order 37 Rules of Court 2012 Undertaking as to Damages Estoppel +4 more

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Parties

AWA NEW PARTS SDN BHD

Plaintiff

YIP WAI KEAN

Plaintiff

WINSTON CHIN WENG FAI

Defendant

FONG MIN YI

Defendant

KHU WENG SHEN

Defendant

NG CHUN KIT

Defendant

CARSTO GARAGE SDN BHD

Defendant

Procedural Posture

Civil Assessment of Damages Arising From Ex Parte Interlocutory Injunction / Session Court Judgment Dated 12.8.2024; Appeal Filed to High Court (notice of Appeal 26.8.2024)

  1. 1 Whether assessment of damages may proceed based on an undertaking given with an ex parte injunction absent a separate judgment or formal Registrar directions under Order 37
  2. 2 Whether non-compliance with Order 37 procedures fatally defects the defendants' application for assessment of damages
  3. 3 Whether the plaintiffs are estopped from raising procedural objections after participating in case management and agreeing to affidavit-driven assessment

Ratio Decidendi

The court held that an assessment of damages may proceed based on the undertaking given with an ex parte interlocutory injunction without a separate judgment or formal Registrar directions where the parties were informed, participated in case management and plaintiffs were estopped from raising procedural objections; on the affidavits the defendants proved losses and RM196,260.81 was justly awarded with costs RM2,000.

Court Disposition

Session Court allowed defendants' application for assessment of damages and awarded damages and costs; plaintiffs have appealed to the High Court.

Orders

  • Plaintiffs to pay RM196,260.81 to Defendants as assessed damages
  • Plaintiffs to pay costs of RM2,000 to Defendants