TENAGA NASIONAL BERHAD v BATU KEMAS INDUSTRI SDN BHD

a-01w-247-04-2022 Court of Appeal (Mahkamah Rayuan) 10 November 2024 • A-01(W)-247-04/2022

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 (12)

Jabatan Peguam Negara Firm Xavier & Koh Partnership Firm Zulpadli & Edham Firm Abdullah Az-Zubayr Counsel Respondent Afiq Iskandar B. Aziz Counsel Appellant Ahmad Edham Abdulwani Counsel Respondent Kenneth Koh Zhong Wey Counsel Appellant Malik Imtiaz Ahmed Counsel Respondent Ng Wee Li Counsel Respondent Nurhafizza Azizan Counsel Respondent Othman Mohd Munzeer Counsel Respondent Wong Min Yen Counsel Respondent

Parties (2)

BATU KEMAS INDUSTRI Sdn Bhd Respondent TENAGA NASIONAL BERHAD Appellant

Case Significance

TENAGA NASIONAL BERHAD v BATU KEMAS INDUSTRI SDN BHD is a Court of Appeal (Mahkamah Rayuan) decision dated November 10, 2024 (citation: a-01w-247-04-2022). <p>TNB appealed against the High Court's assessment of damages in a long-running dispute with Batu Kemas Industri Sdn Bhd over factory losses from a 1998 incident, heard together with appeals by the Government and Batu Kemas. The Court of Appeal partially allowed TNB's appeal, reducing certain heads of damages for loss of goods, loss of production, and loss of profits to nominal damages of RM1,000 each, but upheld the RM35 million replacement cost for machinery. The parties were ordered to bear 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

TNB appealed against the High Court's assessment of damages in a long-running dispute with Batu Kemas Industri Sdn Bhd over factory losses from a 1998 incident, heard together with appeals by the Government and Batu Kemas. The Court of Appeal partially allowed TNB's appeal, reducing certain heads of damages for loss of goods, loss of production, and loss of profits to nominal damages of RM1,000 each, but upheld the RM35 million replacement cost for machinery. The parties were ordered to bear their own costs in all three appeals.

What was the outcome of TENAGA NASIONAL BERHAD v BATU KEMAS INDUSTRI SDN BHD?

<p>TNB appealed against the High Court's assessment of damages in a long-running dispute with Batu Kemas Industri Sdn Bhd over factory losses from a 1...