XXXX v XXXX

w-03imncvc-91-11-2023 Court of Appeal (Mahkamah Rayuan) 14 August 2025 • W-03(IM)(NCvC)-91-11/2023 • 17 min read
5 cases cited (0 SG, 5 foreign)

Catchwords

Practice Areas

Judges (3)

Counsel (6)

Parties (2)

Case Significance

XXXX v XXXX is a Court of Appeal (Mahkamah Rayuan) decision dated August 14, 2025 (citation: w-03imncvc-91-11-2023). <p>The consultant engineer for a neighbouring property development appealed a reassessment of damages totalling RM3.64 million (including RM2.17M loss of rental, RM1.17M repair costs, and RM300K aggravated damages) for negligence that damaged a bungalow through demolition and construction works. The Court of Appeal dismissed the appeal, affirming the High Court's awards and finding the defendants showed a 'couldn't care less attitude' justifying aggravated damages.</p> The panel comprised Ahmad Fairuz bin Zainol Abidin, Azman bin Abdullah and Lim Hock Leng, with Lim Hock Leng delivering the judgment. Counsel appearing: Chan Chow Wang (counsel for respondent), Leong Jin Hoong (counsel for respondent), Palanivel a/l K.V Sathasivam (counsel for appellant), Siow Chang Yao (counsel for appellant).

Summary

The consultant engineer for a neighbouring property development appealed a reassessment of damages totalling RM3.64 million (including RM2.17M loss of rental, RM1.17M repair costs, and RM300K aggravated damages) for negligence that damaged a bungalow through demolition and construction works. The Court of Appeal dismissed the appeal, affirming the High Court's awards and finding the defendants showed a 'couldn't care less attitude' justifying aggravated damages.

What was the outcome of XXXX v XXXX?

<p>The consultant engineer for a neighbouring property development appealed a reassessment of damages totalling RM3.64 million (including RM2.17M loss...

Cases Cited (5)

UK (1)
[1995] 3 All ER 641
MY (4)
[1983] 2 CLJ 198 [1994] 2 MLRH 782 [1995] 1 CLJ 15 [2007] 1 MLJ 734