CREATIVE REPUBLIC SDN BHD 1. ) JASMIN BIN SAMION 2. ) LYNNETTE TANG EE LYN

CREATIVE REPUBLIC SDN BHD 1. ) JASMIN BIN SAMION 2. ) LYNNETTE TANG EE LYN

The Court accepted the Plaintiff's unchallenged documentary and oral evidence on quantum and causation, found the Defendant liable for breach and for causing reputational and mental harm, and therefore allowed the assessment awarding specified heads of loss, aggravated damages, interest at 5% per annum and costs, subject to the Sessions Court jurisdictional cap of RM1,000,000.

Citation
BA-B52NCvC-57-02/2019 (Mahkamah Sesyen)
Parties
Plaintiff: Creative Republic Sdn Bhd; Defendant: Jasmin bin Samion; Defendant: Lynnette Tang Ee Lyn
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
13 May 2022
Case Number
BA-B52NCvC-57-02/2019 (Mahkamah Sesyen)
Procedural Posture
Civil Claim (breach of Contract, Employment Dispute and Related Torts) / Post Judgment Assessment of Damages (taksa Ganti Rugi)
Outcome
Plaintiff's notice of assessment allowed; Defendant Two ordered to pay assessed damages, interest and costs subject to Sessions Court cap.
Legal Topics
Breach of Contract, Resignation and Loss of Business, Loss of Profits, Aggravated Damages, Non Disclosure Agreement, Assessment of Damages, Interest and Costs
Source Language
Malay/English
Contract Law Employment Law Tort (defamation/intentional Wrongdoing) Civil Procedure Breach of Contract Resignation and Loss of Business Loss of Profits Aggravated Damages +3 more

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Parties

Creative Republic Sdn Bhd

Plaintiff

Jasmin bin Samion

Defendant

Lynnette Tang Ee Lyn

Defendant

Procedural Posture

Civil Claim (breach of Contract, Employment Dispute and Related Torts) / Post Judgment Assessment of Damages (taksa Ganti Rugi)

Legal Issues

  1. 1 Quantum of damages for loss of earnings (hourly income)
  2. 2 Damages for loss of client and abandoned projects
  3. 3 entitlement to aggravated damages for reputational and mental harm

Ratio Decidendi

The Court accepted the Plaintiff's unchallenged documentary and oral evidence on quantum and causation, found the Defendant liable for breach and for causing reputational and mental harm, and therefore allowed the assessment awarding specified heads of loss, aggravated damages, interest at 5% per annum and costs, subject to the Sessions Court jurisdictional cap of RM1,000,000.

Court Disposition

Plaintiff's notice of assessment allowed; Defendant Two ordered to pay assessed damages, interest and costs subject to Sessions Court cap.

Orders

  • Defendant Two to pay Plaintiff RM1,000,000.00 within 7 days with interest at 5% per annum from 22-10-2018 until full settlement
  • Assessment awards for heads of loss found: hourly income loss RM351,500.00; loss of client (Lynas) RM148,825.00; abandoned projects RM881,538.50; aggravated damages RM200,000.00 (collectively limited to RM1,000,000.00 by Court)