13 Dec 2024
1. ) AWA NEW PARTS SDN BHD 2. ) YIP WAI KEAN 1. ) WINSTON CHIN WENG FAI 2. ) FONG MIN YI 3. ) KHU WENG SHEN 4. ) NG CHUN KIT 5. ) CARSTO GARAGE SDN BHD
- Citation
- WA-12ANCC-77-08/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCC-77-08/2024 (Mahkamah Tinggi)
The High Court affirmed the Sessions Court: an undertaking given for an interim injunction supplies the basis for interlocutory assessment of damages without a prior specific order; Respondents substantially complied with Order 37 R1 by timely filing and seeking directions; Appellants are estopped from late procedural objections after agreeing procedure; the evidence supported the awarded rental, salary and vehicle loss amounts and mitigation was reasonable; there is no risk of double recovery given Respondents' undertaking. Appeal dismissed and lower court order affirmed.