JYE AND PARTNERS SDN. BHD. v POO WEI JYE
Catchwords
Civil procedure - two applications - the Plaintiff’s application for a summons for direction and notice of appointment for assessment of damages and the Defendant’s application for the assessment of damages be conducted by way of a full trial where witnesses give testimonies before this court - Assessment of damages - no statutory requirement for the assessment of damages must only be conducted by way of full trial where witnesses are called to give evidence before the court - the court has absolute discretion as it thinks just to order the manner in which evidence of any particular fact will be given at any trial including the assessment of damages - in any assessment of damages, evidence can be adduced either by a full trial where witnesses are present or by exchanging of affidavit evidence depending on the facts and complexity of the case - where damage is shown but its amount is not proved sufficiently or at all, the court will usually decree nominal damages
Practice Areas
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (bl-24ncvc-5-01-2025)