10 Sept 2021
Tekun Nasional Plenitude Drive (M) Sdn Bhd
- Citation
- 02(f)-90-10/2018(W) & 02(f)-92-10/2018(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-90-10/2018(W) & 02(f)-92-10/2018(W) (Mahkamah Persekutuan)
The court affirmed liability for breach but held clause 11.2 to be a penalty under s75 and Plenitude failed to adduce evidence of actual loss or the necessary factual basis for the contractual formula; because the trial was concluded pre-Cubic and the plaintiff bore the pre-existing onus to prove quantum, a further assessment would amount to a second bite; accordingly the court substituted an order for nominal damages of RM5,000 and awarded costs of RM120,000 while affirming the separate SI award of RM612,000.