AMINUDDIN BIN ABDULLAH IMIKAEMPIRE SDN BHD

AMINUDDIN BIN ABDULLAH IMIKAEMPIRE SDN BHD

Defendant, as bailee, was negligent and liable for the loss of plaintiff's hard drive; the post‑generated exclusion clause was not incorporated and in any event would be void under s29 Contracts Act 1950; plaintiff proved breach but not quantifiable loss, therefore awarded nominal and aggravated damages and interest.

Citation
CA-A73-2-02/2025 (Mahkamah Majistret)
Parties
PLAINTIF: Aminuddin bin Abdullah; DEFENDAN: Imika Empire Sdn. Bhd.
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
16 January 2026
Case Number
CA-A73-2-02/2025 (Mahkamah Majistret)
Procedural Posture
Civil Claim / Judgment
Outcome
Claim allowed in part against defendant
Legal Topics
Bailment, Negligence, Exclusion Clause, Adverse Inference, Nominal Damages, Aggravated Damages, Contra Proferentem, Section 29 Contracts Act 1950, Section 114 Evidence Act 1950
Source Language
Malay/English
Contract Tort (negligence) Evidence Property Law Bailment Negligence Exclusion Clause Adverse Inference +5 more

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Parties

Aminuddin bin Abdullah

PLAINTIF

Imika Empire Sdn. Bhd.

DEFENDAN

Procedural Posture

Civil Claim / Judgment

Legal Issues

  1. 1 Whether defendant was negligent as bailee causing loss of plaintiff's hard drive
  2. 2 Whether defendant could rely on a post-generated exclusion clause to exclude liability
  3. 3 Quantum of damages recoverable given absence of proof of actual loss

Ratio Decidendi

Defendant, as bailee, was negligent and liable for the loss of plaintiff's hard drive; the post‑generated exclusion clause was not incorporated and in any event would be void under s29 Contracts Act 1950; plaintiff proved breach but not quantifiable loss, therefore awarded nominal and aggravated damages and interest.

Court Disposition

Claim allowed in part against defendant

Orders

  • Nominal damages RM1,000.00 awarded to plaintiff
  • Aggravated damages RM5,000.00 awarded to plaintiff