Kerajaan Malaysia (Jabatan Kerja Raya) Hanaz Sdn Bhd

Kerajaan Malaysia (Jabatan Kerja Raya) Hanaz Sdn Bhd

The Court of Appeal held the High Court erred in assessing loss of profits because the plaintiff failed to prove the amount with credible evidence and the JC's 15% assumption lacked evidential foundation; consequently the JC's award was set aside and the Deputy Registrar's nominal award of RM40,000 reinstated.

Citation
W-01(IM)(NCvC)-150-03/2018 (Mahkamah Rayuan)
Parties
Appellant/defendant: Kerajaan Malaysia (Jabatan Kerja Raya); Respondent/plaintiff: Hanaz Sdn Bhd
Court
IM
Jurisdiction
Malaysia
Judgment Date
17 January 2019
Case Number
W-01(IM)(NCvC)-150-03/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (contract Dispute) / Court of Appeal Hearing Appeal From High Court Assessment of Damages Remitted by Court of Appeal
Outcome
Appeal allowed in part; High Court order dated 15 Feb 2018 set aside; Deputy Registrar order reinstated
Legal Topics
Loss of Profits, Assessment of Damages, Termination of Contract, Development Order Condition, Remittal to Deputy Registrar
Source Language
Malay/English
Contract Law Construction Law Civil Procedure Damages Law Loss of Profits Assessment of Damages Termination of Contract Development Order Condition +1 more

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Parties

Kerajaan Malaysia (Jabatan Kerja Raya)

Appellant/defendant

Hanaz Sdn Bhd

Respondent/plaintiff

Procedural Posture

Civil Appeal (contract Dispute) / Court of Appeal Hearing Appeal From High Court Assessment of Damages Remitted by Court of Appeal

Legal Issues

  1. 1 Whether the High Court erred in awarding RM6,225,000 for loss of profits
  2. 2 Whether the plaintiff proved loss of profits on the balance of probabilities
  3. 3 Whether the High Court applied correct legal principles in assessment of quantum

Ratio Decidendi

The Court of Appeal held the High Court erred in assessing loss of profits because the plaintiff failed to prove the amount with credible evidence and the JC's 15% assumption lacked evidential foundation; consequently the JC's award was set aside and the Deputy Registrar's nominal award of RM40,000 reinstated.

Court Disposition

Appeal allowed in part; High Court order dated 15 Feb 2018 set aside; Deputy Registrar order reinstated

Orders

  • Set aside High Court order dated 15 February 2018
  • Reinstate Deputy Registrar order dated 21 July 2017 awarding nominal damages of RM40,000 to the plaintiff (defendant to pay)