EASTERN PACIFIC INDUSTRIAL CORPORATION BERHAD v A.D METAL TRADING & TRANSPORT SDN BHD

Case Significance

EASTERN PACIFIC INDUSTRIAL CORPORATION BERHAD v A.D METAL TRADING & TRANSPORT... is a Court of Appeal (Mahkamah Rayuan) decision dated March 10, 2025 (citation: t-02ncvcw-1260-08-2023). <p>AD Metal Trading sued Eastern Pacific Industrial Corporation (EPIC) for trespass to goods after EPIC's auxiliary police prevented AD Metal's lorries from removing recycling materials from the Kemaman Supply Base. The Court of Appeal allowed the defendant's appeal in part on damages, finding the plaintiff had failed to prove certain heads of damages including RM30 million reputational damage, while remitting calculation of actual costs and expenses to the trial court.</p> The panel comprised Azizul Azmi bin Adnan, Mohd Nazlan bin Mohd Ghazali and Supang Lian, with Azizul Azmi bin Adnan delivering the judgment. Counsel appearing: Mohd Hisham Mohd Nazir (counsel for respondent), Saiffuddin Othman (counsel for appellant).

Key issues: Tort of trespass to goods; trespass to goods, conversion and detinue distinguished; damages; economic loss, whether foreseeable; damages, election to claim for costs and expenses or loss of profits.