Malaysia Case Law

14 Sept 2020

MSIG INSURANCE (M) BERHAD (Company No.: 46983-W) MATRIX COOLING (M) SDN BHD (Company No.: 701687-T)

Citation

WA-12BNCC-2-01/2020 (Mahkamah Tinggi)

Court

High Court

Case number

WA-12BNCC-2-01/2020 (Mahkamah Tinggi)

The High Court held the Sessions Court erred: the EAR policy and schedule clearly excluded PEP, no additional premium was paid, plaintiff failed to prove unilateral amendment or that PEP was covered; replacement cost of the fan stack (PEP) is not recoverable; plaintiff failed to plead and strictly prove claimed special damages of RM251,575.20 and is limited to the MSM Adjusters’ adjusted indemnity of RM63,272.00 (net of RM10,000 deductible); appeal allowed in part and cross‑appeal dismissed, with payment and costs orders as stated.

• Erection all risks policy
• Principal’s existing property exclusion
• Rectification of contract
• Pleading and proof of special damages
• Pre‑judgment interest

SYARIKAT LEAN HUP (LIEW BROTHERS) SDN BHD V. CHEOW CHONG THAI

Citation

SYARIKAT LEAN HUP (LIEW BROTHERS) SDN BHD V. CHEOW CHONG THAI

Court

Malaysian court

The agreement was rectified for mutual mistake of law to conform with the 1982 Regulations: completion period is 24 months and agreed damages are 10% p.a.; vacant possession occurred upon connection of water and electricity (20 February 1986); damages assessed from the statutory expiry date (29 July 1984) to 20 February 1986 (569 days) at 10% of the purchase price, producing the monetary award and interest; appeal dismissed.

• Rectification of contract
• Mutual mistake of law
• Vacant possession
• Damages for late delivery
• Interpretation of statutory housing regulations