XXXX v XXXX

22ncvc-127-03-2015 High Court (Mahkamah Tinggi) 13 April 2025 • 22NCVC-127-03/2015

Catchwords

Assessment of damages for breach of statutory duty. This is a judgment on the assessment of damages following the Federal Court’s finding that the Malaysian Bar breached its statutory duty under section 99(1) of the Legal Profession Act 1976 by circulating and tabling a motion against the plaintiff at its AGM instead of referring the matter to the Disciplinary Board. It was held that reputational harm, loss of opportunity and mental distress arising from this breach are compensable. However, claims for exemplary damages were dismissed for failing to meet the requisite threshold. A total of RM340,000.00 in damages was awarded applying principles of moderation and proportionality.

Practice Areas

Legal Profession Damages Tort

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

Xxxx Defendant Xxxx Plaintiff

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (22ncvc-127-03-2015)