Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Discovery and adverse inference

  • 29 Dec 2023

    XXXX XXXX

    Citation
    PA-25-20-06/2016 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    PA-25-20-06/2016 (Mahkamah Tinggi)

    Applicants proved compensable loss of income for the agreed 83-day period but failed to produce tax invoices/receipts; court applied adverse inference under s114, used applicants' brochure and advertised rates to determine an average mitigation rate of RM532, computed maximum recoverable income at 70% occupancy (RM2,593,919.30), deducted mitigation (3,569 rooms x RM532 = RM1,898,708) to award RM695,211.30 compensatory damages, and awarded rounded exemplary damages of RM170,000 (approx. 25% of compensatory) while rejecting other heads for lack of evidence or because mitigation/continuing opera…

  • 12 Mar 2020

    Ang Teck Wang Big Sdn Bhd

    Citation
    W-04(IM)(NCC)-397-07/2019 (Mahkamah Rayuan)
    Court
    IM
    Case number
    W-04(IM)(NCC)-397-07/2019 (Mahkamah Rayuan)

    The Court restored the Sessions Court order because the Sessions Court had carefully evaluated evidence, its factual findings that supported payment by instalments of RM2,500 monthly were reasonable and supported, there was no basis to draw an adverse inference for non-production of documents, and the High Court erred in ordering re-examination/discovery and making inconsistent orders including a retrial; accordingly the appeal is allowed and the Sessions Court decision is reinstated.