Malaysia Case Law: Decisions & Judgments

Topic

Assessment of special damages

Legal area

Court

6 Dec 2023

SYARIKAT PEMBINAAN CAMERON HIGHLANDS JAYA SDN. BHD. 1. ) VIJAYA KUMAR A/L CHELLAPAN 2. ) KUMARESH A/L VIJAYA KUMAR

Citation

CC-A53-1-11/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

CC-A53-1-11/2021 (Mahkamah Sesyen)

Court upheld the trial findings that the plaintiff proved special damages by admissible documentary evidence in the agreed bundles and through witness testimony; the claimed items were reasonable and not speculative, and therefore special damages of RM376,879.20 and costs of RM7,500.00 were properly awarded and are affirmed.
22 Jun 2023

1. ) Chang Sean Pong Eddie 2. ) Feng Songqin TVS SCS Malaysia Sdn Bhd

Citation

BA-12BNCC-4-03/2023 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12BNCC-4-03/2023 (Mahkamah Tinggi)

The appellate court held the Sessions Court's factual findings on liability were supported by evidence and not plainly wrong, therefore liability affirmed; the special damages awards were supported by documentary and expert evidence and affirmed; the RM40,000 general damages lacked legal basis in the factual context and offended compensatory principle and therefore was set aside; costs of appeal RM4,000 awarded to appellants.
29 Nov 2022

1. ) XXXX 2. ) NOOR AZYYATI BINTI MOHD ARIS (ibu dan wakil litigasi yang sah kepada Pertama) 1. ) NAGARAJAH A/L PARMASIVAM 2. ) VADIVALU A/L PERIASAMY

Citation

NA-A53KJ-452-10/2020 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-A53KJ-452-10/2020 (Mahkamah Sesyen)

Court accepted plaintiffs' medical and expert evidence and comparative authorities and awarded RM6,000 for loss of consciousness and RM100,000 for traumatic brain injury with intracranial haemorrhage as reasonable general damages; the court allowed specified special damages in reduced amounts where evidence was absent or limited, applied judicial notice to some travel costs, and ordered interest and costs as specified.
29 Jun 2021

TN SYNERGY SDN BHD 1. ) PRASARANA MALAYSIA BERHAD 2. ) PRASARANA INTERGRATED MANAGEMENT & ENGINEERING SERVICES SDN BHD

Citation

WA-22C-51-07/2018 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22C-51-07/2018 (Mahkamah Tinggi)

On the evidence and contemporaneous documents the Court found no binding EoT was granted at the 5.10.2017 meeting; plaintiff failed to fulfil contractual preconditions and materially breached by failing to complete by the extended date of 7.1.2018; 1st Defendant validly issued notices and was entitled to terminate under Clause 60.1; 1st Defendant's counterclaim succeeded in part — special damages of RM9,727,300.22 and LAD of RM452,760.00 were awarded with interest at 5% p.a. from 18.9.2018; plaintiff's substantive claims dismissed.
10 Sept 2020

Fadly Afiq Bin Fahmimahzan 1. ) Shereena A/P Vijayan 2. ) Vijayan A/P K.K. Pillai

Citation

WA-A73KJ-2588-12/2019 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

WA-A73KJ-2588-12/2019 (Mahkamah Majistret)

On the balance of probabilities the court found the cause of the collision indeterminate and apportioned liability equally (50:50); damages were assessed but limited to RM100,000 due to Magistrates' Court jurisdictional ceiling; interest and costs were awarded as ordered; payment into plaintiff's solicitors' client account was permitted.

Malaysia Case Law

SYARIKAT PEMBINAAN CAMERON HIGHLANDS JAYA SDN. BHD. 1. ) VIJAYA KUMAR A/L CHELLAPAN 2. ) KUMARESH A/L VIJAYA KUMAR

1. ) Chang Sean Pong Eddie 2. ) Feng Songqin TVS SCS Malaysia Sdn Bhd

1. ) XXXX 2. ) NOOR AZYYATI BINTI MOHD ARIS (ibu dan wakil litigasi yang sah kepada Pertama) 1. ) NAGARAJAH A/L PARMASIVAM 2. ) VADIVALU A/L PERIASAMY

TN SYNERGY SDN BHD 1. ) PRASARANA MALAYSIA BERHAD 2. ) PRASARANA INTERGRATED MANAGEMENT & ENGINEERING SERVICES SDN BHD

Fadly Afiq Bin Fahmimahzan 1. ) Shereena A/P Vijayan 2. ) Vijayan A/P K.K. Pillai