Uzma Engineering Sdn Bhd 1. ) Khan Co. Ltd 2. ) Kong Offshore Malaysia Sdn. Bhd.

Uzma Engineering Sdn Bhd 1. ) Khan Co. Ltd 2. ) Kong Offshore Malaysia Sdn. Bhd.

Because this Court had previously dismissed the plaintiff's injunction application and specifically directed the 1st Defendant to file a formal application for assessment of damages, the undertaking as to damages is enforceable and the proper course is to assess whether the 1st Defendant suffered compensable loss; consequently the application to enforce the undertaking and for assessment is allowed and the assessment is to be conducted before the Timbalan Pendaftar.

Citation
WA-22C-24-03/2021 (Mahkamah Tinggi)
Parties
Plaintiff: UZMA ENGINEERING SDN BHD; 1st Defendant: KHAN CO LTD; 2nd Defendant: KONG OFFSHORE MALAYSIA SDN BHD
Court
High Court
Jurisdiction
Malaysia
Judgment Date
4 August 2023
Case Number
WA-22C-24-03/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Suit Anti Suit Injunction and Enforcement of Undertaking / Application to Enforce Undertaking as to Damages; Directions for Assessment (post Dismissal of Injunction)
Outcome
Application allowed; assessment of damages ordered before the Timbalan Pendaftar; no order as to costs.
Legal Topics
Undertaking as to Damages, Assessment of Damages, Anti Suit Injunction, Order 37 Rules of Court 2012
Source Language
Malay/English
Civil Procedure Injunctions Arbitration Damages Undertaking as to Damages Assessment of Damages Anti Suit Injunction Order 37 Rules of Court 2012

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 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

UZMA ENGINEERING SDN BHD

Plaintiff

KHAN CO LTD

1st Defendant

KONG OFFSHORE MALAYSIA SDN BHD

2nd Defendant

Procedural Posture

Civil Suit Anti Suit Injunction and Enforcement of Undertaking / Application to Enforce Undertaking as to Damages; Directions for Assessment (post Dismissal of Injunction)

Legal Issues

  1. 1 Whether the plaintiff's undertaking as to damages is enforceable
  2. 2 Whether Order 37 rule 1 permits the application for assessment of damages
  3. 3 Whether the 1st Defendant suffered loss attributable to the injunction

Ratio Decidendi

Because this Court had previously dismissed the plaintiff's injunction application and specifically directed the 1st Defendant to file a formal application for assessment of damages, the undertaking as to damages is enforceable and the proper course is to assess whether the 1st Defendant suffered compensable loss; consequently the application to enforce the undertaking and for assessment is allowed and the assessment is to be conducted before the Timbalan Pendaftar.

Court Disposition

Application allowed; assessment of damages ordered before the Timbalan Pendaftar; no order as to costs.

Orders

  • Application Enclosure 143 allowed
  • Assessment of damages to be conducted before the Timbalan Pendaftar