Kerajaan Malaysia v BATU KEMAS INDUSTRI SDN BHD

a-01w-242-04-2022 Court of Appeal (Mahkamah Rayuan) 10 November 2024 • A-01(W)-242-04/2022

Catchwords

Appeal against Assessment - Quantum of loss and damage – loss of goods in production and the profits – loss of production and the profits – replacement cost of machinery and other equipment physically damaged and the repair cost – issue of discretion to award pre-judgment interest from the date of incident of the date of filing claim – issue of awarding damages to documents that were marked as “ID”.

Practice Areas

Appeal against Assessment

Judges (3)

Choo Kah Sing Delivered Mohd Nazlan bin Mohd Ghazali Coram S. Nantha Balan a/l E.s. Moorthy Coram

Counsel (9)

Jabatan Peguam Negara Firm Zulpadli & Edham Firm Abdullah Az-Zubayr Counsel Respondent Ahmad Edham Abdulwani Counsel Respondent Malik Imtiaz Ahmed Counsel Respondent Ng Wee Li Counsel Appellant Nurhafizza Azizan Counsel Appellant Othman Mohd Munzeer Counsel Respondent Wong Min Yen Counsel Respondent

Parties (2)

BATU KEMAS INDUSTRI Sdn Bhd Respondent Kerajaan Malaysia Appellant

Case Significance

Kerajaan Malaysia v BATU KEMAS INDUSTRI SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated November 10, 2024 (citation: a-01w-242-04-2022). <p>The Government of Malaysia appealed against the High Court's assessment of RM35 million in replacement costs for machinery damaged in a 1998 incident involving Batu Kemas Industri Sdn Bhd's factory, following the Federal Court's order to reassess damages. The Court of Appeal dismissed the Government's appeal, upheld the RM35 million replacement cost award, allowed Batu Kemas's cross-appeal for 5% pre-judgment interest from the date of the High Court judgment, and partially allowed TNB's appea The panel comprised Choo Kah Sing, Mohd Nazlan bin Mohd Ghazali and S. Nantha Balan a/l E.s. Moorthy, with Choo Kah Sing delivering the judgment.

Summary

The Government of Malaysia appealed against the High Court's assessment of RM35 million in replacement costs for machinery damaged in a 1998 incident involving Batu Kemas Industri Sdn Bhd's factory, following the Federal Court's order to reassess damages. The Court of Appeal dismissed the Government's appeal, upheld the RM35 million replacement cost award, allowed Batu Kemas's cross-appeal for 5% pre-judgment interest from the date of the High Court judgment, and partially allowed TNB's appeal by reducing certain heads of claim to nominal damages of RM1,000 each.

What was the outcome of Kerajaan Malaysia v BATU KEMAS INDUSTRI SDN BHD?

<p>The Government of Malaysia appealed against the High Court's assessment of RM35 million in replacement costs for machinery damaged in a 1998 incide...