Persatuan Penduduk Senibong Villa, Taman Cahaya Kota Putri Masai, Johor Bahru, Johor 1. ) Tan Hock Seng 2. ) Victor Tan Han Fung

Persatuan Penduduk Senibong Villa, Taman Cahaya Kota Putri Masai, Johor Bahru, Johor 1. ) Tan Hock Seng 2. ) Victor Tan Han Fung

The High Court upheld the Sessions Court awards because the appellant failed to demonstrate any legal or factual error: the plaintiffs provided an affidavit listing bookings and amounts establishing loss of RM118,996.76 from 17.4.2017; prior judicial findings established the premises were used as a homestay and the...

Source-derived case information.

Citation
JA-12A-9-04/2022 (Mahkamah Tinggi)
Parties
Appellant: Persatuan Penduduk Senibong Villa (PPSV) (sued in name of Vice‑Chairman Wong Lian Soon); Respondent: Tan Hock Seng; Respondent: Victor Tan Han Fung
Court
High Court
Jurisdiction
Malaysia
Judgment Date
6 December 2023
Case Number
JA-12A-9-04/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Judgment on Appeal (assessment of Damages Affirmed)
Outcome
Appeal dismissed; Sessions Court decision and awards affirmed; costs awarded to respondents
Legal Topics
Damages, Exemplary Damages, Injunction, Assessment of Damages, Evidence, Nuisance/obstruction
Civil Law Tort Remedies Damages Exemplary Damages Injunction Assessment of Damages Evidence +1 more

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Parties

Persatuan Penduduk Senibong Villa (PPSV) (sued in name of Vice‑Chairman Wong Lian Soon)

Appellant

Tan Hock Seng

Respondent

Victor Tan Han Fung

Respondent

Procedural Posture

Civil Appeal From Sessions Court / Judgment on Appeal (assessment of Damages Affirmed)

  1. 1 Whether there was proof of returned booking payments or required proof of loss of rental income
  2. 2 Whether the quantum of RM118,996.76 for loss of homestay income was supported by evidence
  3. 3 Whether the premises were used as a homestay and whether that issue could be revisited at assessment

Ratio Decidendi

The High Court upheld the Sessions Court awards because the appellant failed to demonstrate any legal or factual error: the plaintiffs provided an affidavit listing bookings and amounts establishing loss of RM118,996.76 from 17.4.2017; prior judicial findings established the premises were used as a homestay and the defendant's obstructive conduct was unlawful; given the evidence of repeated obstructions, police reports and aggressive conduct by guards, awards for mental anguish, exemplary damages and costs were reasonable and within judicial discretion, so appellate interference was unwarranted.

Court Disposition

Appeal dismissed; Sessions Court decision and awards affirmed; costs awarded to respondents

Orders

  • Appeal dismissed
  • The Session Court awards are upheld: RM118,996.76 for loss of homestay income, RM100,000 for mental anguish and distress, RM150,000 exemplary damages and RM20,000 costs