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

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.

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (2)

Xxxx Defendant Xxxx Plaintiff

Case Significance

XXXX v XXXX is a High Court (Mahkamah Tinggi) decision dated April 13, 2025 (citation: 22ncvc-127-03-2015). The case was decided by Ahmad Shahrir b. Mohd Salleh.

What was the outcome of XXXX v XXXX?

XXXX v XXXX is a High Court decision dated April 13, 2025. The case was heard by Ahmad Shahrir b. Mohd Salleh. See the full judgment for details.