Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Statutory damages under national land code s329(1)
  • 26 Jan 2023

    22-761-2009 (Mahkamah Tinggi)

    Citation
    22-761-2009 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    22-761-2009 (Mahkamah Tinggi)

    The Court held that the Court of Appeal had ordered damages to be assessed and it was unnecessary to re-litigate whether the caveat was wrongful under NLC s329(1); legal fees reasonably and foreseeably incurred as a result of the Plaintiffs' actions are recoverable as damages in addition to costs; on the evidence the Defendant proved an offer in 2013 of RM1.3m and a later sale at RM600k so loss of opportunity is RM700k; general damages for 26 years of deprivation and litigation were assessed at RM400k; legal fees of RM368k were found fair and reasonable; total damages RM1,468,000; interest at…