Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Damages for loss of use

Legal area

Court

5 Aug 2025

BHU AUTOLOGISTICS SDN BHD YEW CHIN TECK

Citation

BA-12B-28-04/2025 (Mahkamah Tinggi)
Court

High Court
Case number

BA-12B-28-04/2025 (Mahkamah Tinggi)

The High Court held that BHU Autologistics (D1) as AP holder/importer owed a duty of care to the purchaser to ensure correct customs declarations and payment of duties; D1 breached that duty resulting in lawful seizure and deprivation of the vehicle and consequent loss to the plaintiff. The plaintiff was a bona fide purchaser and entitled to damages for loss of use up to 13 September 2021. The appellate court will not disturb the trial court's factual findings except where plainly wrong; the sole interference made was to set aside the continuing daily loss award from 14 September 2021 until t…
29 Oct 2019

LINDA BINTI OTHMAN PEMBANGUNAN TANAH DAN PERUMAHAN SENDIRIAN BERHAD

Citation

JA-22NCVC-79-05/2018 (Mahkamah Tinggi)
Court

High Court
Case number

JA-22NCVC-79-05/2018 (Mahkamah Tinggi)

Plaintiff established standing as representative of deceased estate, produced original uncross‑examined documents admitted under Evidence Act principles and s90 presumption, proved payment and existence of sale, showed fraudulent removal of caveat and that limitation was tolled by fraud; defendant's general denial and late witness were insufficient to rebut, therefore declarations and remedies sought were granted with damages, interest and costs.