YAP YEW CHEONG & ANOR V. DIRGA NIAGA (SELANGOR) SDN BHD
- Citation
- YAP YEW CHEONG & ANOR V. DIRGA NIAGA (SELANGOR) SDN BHD
- Court
- Malaysian court
The court held the contractual 12% provision was an agreed term enforceable between the parties; even if characterised as a penalty it falls within s.75 permitting recovery of reasonable compensation up to the contractual sum and, because delay in redemption produced losses with no known measurable standard, the contractual figure was reasonable; the 12% was compensatory (not unlawful compound interest) and plaintiffs were entitled to pre‑ and post‑judgment interest; consequently the defendant's appeal was dismissed.