17 Jun 2020
Aeon Co. (M) Bhd Asia Plywood Company Sdn Bhd
- Citation
- W-03(IM)(NCVC)-30-04/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-03(IM)(NCVC)-30-04/2019 (Mahkamah Rayuan)
The Court held that once liability under s.329 NLC for wrongful caveat was established, the matter proceeded to assessment of damages and the Deputy Registrar erred in dismissing the claim; the plaintiff proved loss by the loss of a sale to IPGB at RM60 psf and was entitled to interest on the sale proceeds and valuation fees but not to a separate diminution award (to avoid double recovery), and the High Court's calculation of RM2,410,074.53 (including RM2,310,805.53 interest and RM99,269 valuation fees) was correct and is therefore upheld.