BUKIT MELITA SDN BHD REVOLUSI RANCAK SDN BHD

BUKIT MELITA SDN BHD REVOLUSI RANCAK SDN BHD

The Court held the High Court's order directing assessment of damages was made without jurisdiction because the plaintiff had abandoned any prayer for damages in its amended statement of claim; therefore the assessment order was a nullity and was set aside. The nullity could be collaterally attacked and need not be appealed to be rendered ineffective; other valid parts of the High Court's order remained undisturbed.

Citation
C-02(IM)-1442-07/2017 (Mahkamah Rayuan)
Parties
Appellant / 1st Defendant: Bukit Melita Sdn Bhd; Respondent / Plaintiff: Revolusi Rancak Sdn Bhd; Defendant: Fong Soo Nam
Court
IM
Jurisdiction
Malaysia
Judgment Date
7 June 2018
Case Number
C-02(IM)-1442-07/2017 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment (final Disposition on Appeals From High Court Orders)
Outcome
Court of Appeal set aside the High Court order for assessment of damages and allowed or struck out the appeals as recorded; varied financial relief orders accordingly.
Legal Topics
Specific Performance, Assessment of Damages, Res Judicata, Jurisdiction, Nullity of Orders, Costs
Source Language
Malay/English
Contract Property Civil Procedure Remedies Specific Performance Assessment of Damages Res Judicata Jurisdiction +2 more

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Parties

Bukit Melita Sdn Bhd

Appellant / 1st Defendant

Revolusi Rancak Sdn Bhd

Respondent / Plaintiff

Fong Soo Nam

Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment (final Disposition on Appeals From High Court Orders)

Legal Issues

  1. 1 Whether the High Court had jurisdiction to order assessment of damages when plaintiff had abandoned the prayer for damages
  2. 2 Whether the order for assessment of damages is caught by res judicata
  3. 3 Whether an order made without jurisdiction is a nullity and may be collaterally attacked

Ratio Decidendi

The Court held the High Court's order directing assessment of damages was made without jurisdiction because the plaintiff had abandoned any prayer for damages in its amended statement of claim; therefore the assessment order was a nullity and was set aside. The nullity could be collaterally attacked and need not be appealed to be rendered ineffective; other valid parts of the High Court's order remained undisturbed.

Court Disposition

Court of Appeal set aside the High Court order for assessment of damages and allowed or struck out the appeals as recorded; varied financial relief orders accordingly.

Orders

  • Appeal C-02(IM)-1438-07/2017 (Encl.103) allowed: Respondent to return RM1707593.50 within 20 days; Prayer (a) of the Order for Enclosure 103 is set aside; no order as to costs; High Court costs to be refunded to Appellant.
  • Appeal C-02(IM)-1439-07/2017 (Encl.98) struck out with no liberty to file afresh; no order as to costs; High Court costs refunded; deposit refunded.