Malaysia Case Law: Decisions & Judgments

Topic

Aggravated and exemplary damages

Legal area

Court

25 Feb 2026

MUHAMMAD ALIFF IKHMAL BIN JESSRY 1. ) PENGARAH HOSPITAL KOTA TINGGI JOHOR BAHRU 2. ) DR MUHAMMAD FEROZ BIN HASSAN 3. ) PENGARAH HOSPITAL SULTANAH AMINAH JOHOR BAHRU 4. ) DR FAISAL BIN ARSHAD 5. ) DR GUNASEELAN PONNUSAMY 6. ) KERAJAAN MALAYS

Citation

JA-21NCvC-5-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JA-21NCvC-5-02/2021 (Mahkamah Tinggi)

Res judicata did not bar the medical negligence suit because the prior consent judgment involved different parties and causes; unpleaded estoppel cannot be raised after trial; only duplicative special damages proved to have been covered by the prior MSKT settlement are disallowed; plaintiff entitled to general damages RM160,000 for above-knee amputation; entitled to a microprocessor-controlled prosthesis as the more suitable device and to a principled lump-sum award of RM1,700,712.00 after actuarial discount; awarded RM90,000 for loss of earning capacity, RM13,600 for family caregiving and RM…
14 Jan 2026

1. ) ANUAR BIN MAHMOOD 2. ) FARIDAH BINTE AHMAD JOHOR LAND BERHAD

Citation

JA-22C-4-06/2020 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22C-4-06/2020 (Mahkamah Tinggi)

Developer breached contractual and tortious duties by delivering a property not built in a good and workmanlike manner (not fit for habitation), failed to rectify within the 30-day defect period, plaintiffs' refusal of further rectification was reasonable due to legitimate safety concerns, defendant liable in negligence but quantum determined under contractual remedies; judgment for plaintiffs in part with quantified awards.
19 Dec 2024

1. ) RAM TALIB BIN JANI MOHAMMED 2. ) MUHAMMAD AMAR GHAZALI BIN ZULFAKAR 3. ) ZULFAKAR BIN MOHD DERUS 4. ) MOHD ALIF AFIAN BIN RAM TALIB 5. ) HANIZAH BT HARUN 6. ) HASHIMAH BT HARUN AMIRAFIF BIN AMERUDIN

Citation

BA-12B-47-06/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-47-06/2023 (Mahkamah Tinggi)

The High Court dismissed the appeal because the Sessions Court had correctly applied the law, properly assessed live witness testimony and contemporaneous video/audio evidence to find appellants liable for assault, battery, wrongful confinement and trespass to property; the defamation counterclaim failed on the evidence and available defences; and the damages awards were lawful and not manifestly excessive, so there was no basis for appellate interference.
29 Nov 2024

1. ) HALIMATUN SAADIAH BINTI ISMAIL 2. ) NIZAM BIN MOHD NORDIN 1. ) Tenaga Nasional Berhad (TNB) 2. ) ROSDI BIN SHAFIE 3. ) KAMIL BIN HAMADAN 4. ) RIZAL BIN BUANG 5. ) PENGARAH JABATAN BOMBA DAN PENYELAMAT MALAYSIA 6. ) Kerajaan Malaysia

Citation

BF-B51-1-02/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BF-B51-1-02/2021 (Mahkamah Sesyen)

Court found on the balance of probabilities that the burnt/disconnected service cable belonged to 1st Defendant and that disposal of the burnt wire and failure to preserve/effectuate a full investigation rendered the 1st Defendant negligent and in breach of statutory duties. 2nd and 3rd Defendants breached statutory duties under s5 Fire Services Act 1988 by failing to follow emergency call procedures and not verifying the scene when notified; 4th Defendant's SLKK issuance process compounded Plaintiffs' prejudice. 5th and 6th Defendants are vicariously liable for acts/omissions of 2nd–4th Defe…
31 May 2024

MASYITAH BINTI MD HASSAN HILYAH BINTI MOHD KHALID

Citation

BB-B52CY-1-09/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

BB-B52CY-1-09/2021 (Mahkamah Sesyen)

The court found that the impugned Facebook posts were published publicly, referred objectively to the plaintiff (her nom de plume and screenshots were used), and in their natural and ordinary meaning carried defamatory imputations attacking her professionalism and integrity; the defendant failed to establish justification, fair comment or qualified privilege with particulars and the conduct and pattern of publications demonstrated mala fide/malice; accordingly plaintiff proved the elements of defamation and was entitled to injunctive relief, a public apology and an award of RM100,000 as globa…
4 Mar 2024

TELEKOM MALAYSIA BERHAD 1. ) AIMIRUS CONSTRUCTION 2. ) MOHAMAD ADRUS BIN KAMARUL AZMAN 3. ) NABILAH AZWA BINTI MOHAMAD ADRUS

Citation

BA-22NCvC-494-11/2019 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-494-11/2019 (Mahkamah Tinggi)

Liability having been admitted, the court assessed quantum: allowed material costs and reasonable management costs; rejected unsupported labour claims; reduced contractor payments by 25% for failure to mitigate and unreasonable excess; applied GST to final awarded special damages; awarded RM50,000 general damages; found contributory negligence by plaintiff and reduced award by 50%; refused aggravated and exemplary damages; awarded post-judgment interest at 5% p.a. and costs RM10,000, resulting in judgment for RM407,444.95 plus interest and costs.
3 May 2023

SAW SHIUO SHYONG @ SONNY SAW (JUGA DIKENALI SEBAGAI SAW SHIUO-SHYONG) 1. ) KETUA PENGARAH TANAH DAN GALIAN WILAYAH PERSEKUTUAN, KUALA LUMPUR 2. ) Ketua Polis Negara 3. ) Inspektor Jeinthan A/l Annanthakrishnan 4. ) Kerajaan Malaysia 5. ) A

Citation

WA-21NCvC-34-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-21NCvC-34-05/2020 (Mahkamah Tinggi)

On the balance of the admissible documentary and testimonial evidence, including Indonesian official records and expert testimony establishing the 5th Defendant's true identity as A Kui and the impossibility of a 1966 transfer to a 12‑year‑old under the National Land Code, the Court found the Plaintiff is the registered proprietor and beneficial owner of the five parcels and the 5th Defendant an imposter; accordingly Plaintiff's claims against the 5th Defendant succeed and remedies including rectification, registration of power of attorney, permanent injunction and aggravated/exemplary damage…
12 Mar 2021

1. KHALEK BIN AWANG 2. ZAKHIRAH @ ZAMARIAH BTE MOHD ZABIDI KOPERASI PERUMAHAN KLUANG BERHAD

Citation

C-02(NCVC)(W)-554-03/2019 & C-02(NCVC)(W)-555-03/2019 (Mahkamah Rayuan)
Court

NCVC
Case number

C-02(NCVC)(W)-554-03/2019 & C-02(NCVC)(W)-555-03/2019 (Mahkamah Rayuan)

On the balance of probabilities the cumulative circumstantial evidence established that the second and third defendants (partners of Tetuan Khalek Awang & Associates) were complicit in DSN's scheme and made fraudulent misrepresentations and negligent statements; those torts caused the plaintiff's foreseeable losses including the sum later paid to Pravest, and therefore the defendants are liable to compensate the plaintiff for proven losses; other claims (broker commissions, aggravated and exemplary damages) were not proven or were rightly refused.
25 Sept 2020

NASRULLAH MOHAMMAD RIZA 1. SNG CHONG HOCK 2. PLASTIC CENTRE SDN. BHD.

Citation

BA-22NCC-22-02/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCC-22-02/2020 (Mahkamah Tinggi)

The court found the Plaintiff's pleadings against the 2nd Defendant raised triable issues on contractual and fiduciary duties and on loss, and were not obviously unsustainable; therefore the application to strike out under O.18 r.19 was inappropriate and was dismissed with costs.