7 Jan 2025
FENG JIN TEXTILE SDN.BHD SEGAR A/L R.RETNAM
- Citation
- AB-12BNCvC-3-02/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-12BNCvC-3-02/2024 (Mahkamah Tinggi)
On the balance of probabilities the High Court found D1 contracted CSCEW and, with knowledge or acquiescence, D2 (through his son/operator) and D1 jointly caused wrongful entry and disposal of cotton waste on plaintiff’s land constituting continuing trespass; appellate court upheld liability, maintained RM20,000 general damages, awarded exemplary damages RM30,000 to punish D1 for wanton disregard, and imposed RM500 per diem from 19.2.2022 to 19.2.2024 and continuing daily after seven days from the order until residue removal; D1's appeal dismissed and plaintiff's appeal on quantum allowed in…