EASTERN PACIFIC INDUSTRIAL CORPORATION BERHAD A.D METAL TRADING & TRANSPORT SDN BHD

EASTERN PACIFIC INDUSTRIAL CORPORATION BERHAD A.D METAL TRADING & TRANSPORT SDN BHD

The Court held the appropriate cause of action was trespass to goods, that there was cogent evidence the auxiliary police acted under the responsibility and control of Eastern Pacific Industrial Corporation Berhad making it liable, and that damages should be assessed on proven costs and expenses (with mitigation and deduction of revenue) rather than the gross estimated revenue; the special damages award was varied to RM207,324 and exemplary damages of RM100,000 affirmed.

Citation
T-02(NCvC)(W)-1260-08/2023 (Mahkamah Rayuan)
Parties
Plaintiff/appellant: AD Metal Trading & Transport Sdn Bhd; Defendant/appellant: Eastern Pacific Industrial Corporation Berhad
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
11 March 2025
Case Number
T-02(NCvC)(W)-1260-08/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Cross Appeals
Outcome
Defendant's appeal on liability dismissed; defendant's appeal on damages allowed in part; plaintiff's appeal on damages dismissed; original award varied.
Legal Topics
Trespass to Goods, Conversion, Detinue, Damages, Agency, Mitigation, Exemplary Damages
Source Language
Malay/English
Tort Contract Civil Procedure Trespass to Goods Conversion Detinue Damages Agency +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 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

AD Metal Trading & Transport Sdn Bhd

Plaintiff/appellant

Eastern Pacific Industrial Corporation Berhad

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Cross Appeals

Legal Issues

  1. 1 Whether the correct cause of action was trespass to goods, conversion or detinue
  2. 2 Whether Eastern Pacific Industrial Corporation Berhad was responsible for the auxiliary police and thus liable
  3. 3 Proper measure of damages (costs and expenses vs loss of profits) and mitigation

Ratio Decidendi

The Court held the appropriate cause of action was trespass to goods, that there was cogent evidence the auxiliary police acted under the responsibility and control of Eastern Pacific Industrial Corporation Berhad making it liable, and that damages should be assessed on proven costs and expenses (with mitigation and deduction of revenue) rather than the gross estimated revenue; the special damages award was varied to RM207,324 and exemplary damages of RM100,000 affirmed.

Court Disposition

Defendant's appeal on liability dismissed; defendant's appeal on damages allowed in part; plaintiff's appeal on damages dismissed; original award varied.

Orders

  • Liability of Eastern Pacific Industrial Corporation Berhad affirmed (trial judge not plainly wrong)
  • Special damages varied to RM207,324 in favour of AD Metal Trading & Transport Sdn Bhd