SATUMARIN SDN BHD MOHD HIDAYAT BIN MOHD MOKHTAR

SATUMARIN SDN BHD MOHD HIDAYAT BIN MOHD MOKHTAR

Defendant knowingly used a forged BOSIET certificate; Plaintiff proved loss of reputation warranting general damages assessed at RM300,000 and proved reimbursement of course expense RM1,800; claims for return of salary, future contract losses, quantified reputational special damages and aggravated damages were dismissed for lack of contractual breach or insufficient proof; interest at 5% and costs RM30,000 awarded to Plaintiff.

Citation
WA-22NCVC-316-05/2019 (Mahkamah Tinggi)
Parties
Plaintiff: SATUMARIN SDN BHD; Defendant: MOHD HIDAYAT BIN MOHD MOKHTAR
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 November 2021
Case Number
WA-22NCVC-316-05/2019 (Mahkamah Tinggi)
Procedural Posture
Civil / Judgment After Full Trial
Outcome
Claim allowed in part
Legal Topics
Forgery, Damages General, Special Damages, Aggravated Damages, Termination of Employment, Restitution, Interest, Costs
Source Language
Malay/English
Employment Law Tort Civil Remedies Evidence Forgery Damages General Special Damages Aggravated Damages +4 more

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Parties

SATUMARIN SDN BHD

Plaintiff

MOHD HIDAYAT BIN MOHD MOKHTAR

Defendant

Procedural Posture

Civil / Judgment After Full Trial

Legal Issues

  1. 1 Whether the Defendant is liable for using a forged BOSIET certificate
  2. 2 Whether the Plaintiff is entitled to general damages for loss of reputation
  3. 3 Whether the Plaintiff is entitled to special damages including return of salary, course expenses and future loss

Ratio Decidendi

Defendant knowingly used a forged BOSIET certificate; Plaintiff proved loss of reputation warranting general damages assessed at RM300,000 and proved reimbursement of course expense RM1,800; claims for return of salary, future contract losses, quantified reputational special damages and aggravated damages were dismissed for lack of contractual breach or insufficient proof; interest at 5% and costs RM30,000 awarded to Plaintiff.

Court Disposition

Claim allowed in part

Orders

  • General damages RM300000 awarded to Plaintiff for loss of reputation
  • Special damages RM1800 awarded to Plaintiff (reimbursement for course expense)