Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Damages/compensation

Legal area

Court

12 Sept 2022

MUHAMMAD MALIKI BIN ABDUL HALIM 1. ) LEFTENAN KOLONEL-SHAIFULLIZAN BIN ABD AZIZ (PEGAWAI PEMERINTAH BATALION KE-5 REJIMEN RENJER DIRAJA) 2. ) PIHAK BERKUASA SIDANG PANGLIMA BRIGED KELAPAN INFANTRI MALAYSIA 3. ) PANGLIMA ANGKATAN TENTERA MAL

Citation

DA-21NCvC-6-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-21NCvC-6-05/2018 (Mahkamah Tinggi)

Detention from 7/8/2014 to 26/8/2014 was lawful as investigative detention with required delay reports; detention from 26/8/2014 to 3/7/2015 was unlawful because no valid remand/close arrest order was issued and trial had not commenced until witnesses were called on 15/10/2015; unlawful detention entitles plaintiff to compensation, assessed at RM300,000 plus costs RM30,000.
3 Mar 2020

AGENSI PEKERJAAN AV MANAGEMENT SDN BHD 1. TRIBUNAL TUNTUTAN PENGGUNA 2. KOH SIOW SING (NO. K/P: 680323-10-6128)

Citation

WA-25-238-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-25-238-05/2019 (Mahkamah Tinggi)

The High Court dismissed the judicial review application, holding that the Tribunal did not commit an error of law or exceed its jurisdiction; the Tribunal correctly found breach of the replacement obligation (failure to supply within 3 months) and its factual findings were supported by evidence and therefore not amenable to certiorari; the Tribunal's award of RM20,000 was reasonable after its calculations and deductions.