15 Aug 2025
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- Citation
- W-03(IM)(NCvC)-91-11/2023 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-03(IM)(NCvC)-91-11/2023 (Mahkamah Rayuan)
The Court held that the loss of rental/loss of use was properly characterized as general damages recoverable without precise pre-trial pleading because the quantum could not be ascertained before trial; the evidence supported a notional rental assessment and repair/rectification costs; aggravated/exemplary damages were justified by gross and reckless negligence; the High Court's reassessment was not plainly wrong and appellate intervention was unwarranted, therefore the appeal is dismissed and the HCJ's awards affirmed.