Malaysia Case Law: Decisions & Judgments

Topic

Exemplary (punitive) damages

Legal area

Court

17 Oct 2025

Sun Pharmaceutical Sdn Bhd 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Darin 3. ) Gan Jia Swee 4. ) Jabatan Peguam Negara

Citation

WA-22NCC-524-10/2020 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-524-10/2020 (Mahkamah Tinggi)

On the balance of probabilities the Court found D1 deliberately engineered transfers of Sun Pharma's distributorships and assets, including by misrepresenting/signing documents purportedly bearing the co-shareholder's signature, and that D2 and D3, as senior officers, knowingly participated in and benefited from the diversion; their breaches materially caused Sun Pharma's losses and justified declaratory relief, injunctions, full compensatory damages and exemplary damages.
7 Jul 2025

BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD

Citation

02(f)-16-05/2024(J) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-16-05/2024(J) (Mahkamah Persekutuan)

The Federal Court held that Big Man discharged its burden to prove special damages on a balance of probabilities by adducing coherent documentary and oral evidence; TNB breached its statutory duty in unlawfully disconnecting supply and, by virtue of its monopolistic public function and deliberate conduct, was liable to exemplary damages which are awarded as RM100,000; the Court of Appeal's reversal on damages and costs was set aside.
7 Jul 2025

BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD

Citation

02(f)-16-05/2024(J) (Mahkamah Persekutuan)
Court

f
Case number

02(f)-16-05/2024(J) (Mahkamah Persekutuan)

The Court held that special damages were proved on a balance of probabilities and the phrase 'strictly proved' does not impose a higher evidentiary standard; TNB unlawfully disconnected supply in breach of its statutory duty under the ESA and, given its monopolistic/statutory position and the mala fide nature of the disconnections, exemplary damages are available in rare cases against such a body; accordingly the High Court special damages awards were reinstated and exemplary damages awarded as a punitive measure.
22 Apr 2025

HUSMAD BIN HUSSIN 1. ) PENGETUA SEKOLAH MENENGAH KEBANGSAAN PANCHOR PERDANA 2. ) PENGARAH PENDIDIKAN JABATAN PENDIDIKAN NEGERI KELANTAN 3. ) KETUA PENGARAH PELAJARAN MALAYSIA KEMENTERIAN PENDIDIKAN MALAYSIA 4. ) Pentadbir Tanah Jajahan Kota

Citation

DA-21NCvC-15-09/2018 (Mahkamah Tinggi)
Court

High Court
Case number

DA-21NCvC-15-09/2018 (Mahkamah Tinggi)

Plaintiff's substantive claim for loss of use was rejected for lack of credible, detailed evidence and because the acquisition had been completed well before the registered transfer to plaintiff; nominal damages of RM3,000 were awarded for loss of use. The registry authority breached its statutory and common law duties by failing to cancel title after acquisition, attracting exemplary damages; the court fixed exemplary damages at RM38,575 (25% of RM154,300, being the compensatory base of RM151,300 land value plus RM3,000 nominal loss), and assessment costs of RM2,000 were awarded.
2 Jun 2023

WA-22IP-63-10/2019 (Mahkamah Tinggi)

Citation

WA-22IP-63-10/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22IP-63-10/2019 (Mahkamah Tinggi)

Special damages for re-establishing production (RM121,655.50) and solicitor-client costs (RM82,729.83) and assessment costs (RM10,000.00) were awarded because plaintiff proved those expenses; claimed lost profits (RM1,936,103.40) were rejected and nominal damages of RM1,000.00 awarded because plaintiff elected to discontinue the product and failed to prove causal lost sales; exemplary damages awarded at RM500,000.00 as a proportionate punitive sum.
26 Aug 2021

MOHD ZAKI BIN JAAFAR (NRIC NO. 500412-08-5997) NORHANA BINTI SHARKHAN (NRIC NO: 821115-03-5560)

Citation

WA-22NCC-267-05/2019 (Mahkamah Tinggi)
Court

High Court
Case number

WA-22NCC-267-05/2019 (Mahkamah Tinggi)

Court found on balance of probabilities that the agreements were induced by illegitimate economic pressure and influence-peddling by the defendant/agent for a disclosed principal, rendering the impugned agreements voidable for duress and void for illegality; plaintiffs validly rescinded and are entitled to restitution (return of shares) and exemplary damages; defendant's counterclaims dismissed.

Malaysia Case Law

Sun Pharmaceutical Sdn Bhd 1. ) Wong Fong Leng 2. ) Mazuriah binti Abu Darin 3. ) Gan Jia Swee 4. ) Jabatan Peguam Negara

BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD

BIG MAN MANAGEMENT SDN BHD TENAGA NASIONAL BERHAD

HUSMAD BIN HUSSIN 1. ) PENGETUA SEKOLAH MENENGAH KEBANGSAAN PANCHOR PERDANA 2. ) PENGARAH PENDIDIKAN JABATAN PENDIDIKAN NEGERI KELANTAN 3. ) KETUA PENGARAH PELAJARAN MALAYSIA KEMENTERIAN PENDIDIKAN MALAYSIA 4. ) Pentadbir Tanah Jajahan Kota

WA-22IP-63-10/2019 (Mahkamah Tinggi)

MOHD ZAKI BIN JAAFAR (NRIC NO. 500412-08-5997) NORHANA BINTI SHARKHAN (NRIC NO: 821115-03-5560)