23 May 2025
OIB PROPERTIES (C) SDN BHD Persatuan Penduduk Taman Myra Meranti, Puchong, Selangor (disaman melalui pengerusinya BALARAMA KRSHNA A/L RAMALOO
- Citation
- BA-22NCvC-237-06/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-237-06/2022 (Mahkamah Tinggi)
The defendant's actions in preventing access to Jalan MM2 for the HDD works were unreasonable in the circumstances and amounted to an actionable private nuisance for the period of obstruction proven (45 days), but the Plaintiff failed to prove causation and specific quantum for its asserted special/consequential economic losses; therefore nominal damages were appropriate for the proved period of obstruction while most claimed special damages were rejected for lack of proof; the Defendant lacked locus standi for the counterclaim and the counterclaim failed for want of evidence.