Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Loss of profit damages

Legal area

Court

2 May 2024

MAHSURIMAS SDN BHD DORSETT REGENCY HOTEL (M) SDN BHD

Citation

WA-22C-16-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-16-02/2021 (Mahkamah Tinggi)

Court found defendant repeatedly delayed handovers and late‑supplied employer materials, there was no extension‑of‑time clause and defendant's conduct prevented contractor performance so time became at large; defendant's immediate termination without reasonable notice and for mala fide reasons was unlawful; LAD claim invalidated; plaintiff entitled to proven contract balance and nominal loss of profit; defendant entitled only to nominal special damages for its counterclaim.
27 Aug 2020

PANCARAN PRIMA SDN BHD ISWARABENA SDN BHD

Citation

02(f)-26-03/2019(W) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-26-03/2019(W) (Mahkamah Persekutuan)

The Federal Court held that (1) section 21(3)(b) permits an expert arbitrator to draw on his own knowledge and expertise without necessarily notifying parties, absent unreasonable surprise or prejudice; (2) the Court of Appeal and High Court erred in setting aside the loss of profit and completed works awards because no material breach of natural justice was shown and the arbitrator's findings were factual within his remit; (3) the section 37 threshold remains low relative to section 42 but the court must still exercise discretion; and (4) valuation of completed works was a question of fact,…