1. ) Twinsky Seafood Restaurant 2. ) Chang Peng San 3. ) Lim Ngat Kean 4. ) Chang Yin Fei Sebumi Magnetik Sdn Bhd

1. ) Twinsky Seafood Restaurant 2. ) Chang Peng San 3. ) Lim Ngat Kean 4. ) Chang Yin Fei Sebumi Magnetik Sdn Bhd

The claim for double rental or double value under s28(4)(a) of the Civil Law Act 1956 is an optional cause of action that must be specifically pleaded and prayed for; a general claim for damages and compensation for trespass does not suffice to put defendants on notice of an election to claim double rent/double value, and the court has no jurisdiction to award it absent such specific pleading.

Citation
S-02(IM)(NCvC)-1984-12/2020 (Mahkamah Rayuan)
Parties
Appellant / Plaintiff: Sebumi Magnetik Sdn Bhd; 1st Respondent / 1st Appellant: Twinsky Seafood Restaurant (Complex Asia City) Sdn Bhd; 2nd Respondent / 2nd Appellant: Chang Peng San; 3rd Respondent / 3rd Appellant: Lim Ngat Kean
Court
IM
Jurisdiction
Malaysia
Judgment Date
26 May 2022
Case Number
S-02(IM)(NCvC)-1984-12/2020 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Assessment of Damages (appeal Dismissed) Arising From High Court Matter; Federal Court Granted Leave on Point of Law
Outcome
Plaintiff's appeal dismissed with no order as to costs.
Legal Topics
Double Rent, Double Value, Trespass, Pleadings, Civil Law Act 1956 S28(4)(a), Order 18 Rule 15 Rules of Court
Source Language
Malay/English
Civil Law Property Law Landlord and Tenant Law Procedural Law (pleadings) Double Rent Double Value Trespass Pleadings +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Sebumi Magnetik Sdn Bhd

Appellant / Plaintiff

Twinsky Seafood Restaurant (Complex Asia City) Sdn Bhd

1st Respondent / 1st Appellant

Chang Peng San

2nd Respondent / 2nd Appellant

Lim Ngat Kean

3rd Respondent / 3rd Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Assessment of Damages (appeal Dismissed) Arising From High Court Matter; Federal Court Granted Leave on Point of Law

Legal Issues

  1. 1 Whether a claim for double rental and/or double value under s28(4)(a) of the Civil Law Act 1956 must be specifically pleaded and/or prayed for separately from a claim for damages/compensation for trespass
  2. 2 Whether double rent/double value is automatic by operation of law or an optional cause of action exercisable only if pleaded

Ratio Decidendi

The claim for double rental or double value under s28(4)(a) of the Civil Law Act 1956 is an optional cause of action that must be specifically pleaded and prayed for; a general claim for damages and compensation for trespass does not suffice to put defendants on notice of an election to claim double rent/double value, and the court has no jurisdiction to award it absent such specific pleading.

Court Disposition

Plaintiff's appeal dismissed with no order as to costs.

Orders

  • Dismissal of the plaintiff's appeal with no order as to costs