Afiq Iskandar B. Aziz

On the court record

The reported matter documents appellate work on the assessment of commercial damages, grounded in the Court of Appeal judgment.

Afiq Iskandar B. Aziz appears in the reported corpus in a set of related Court of Appeal appeals arising from a single dispute over the assessment of damages, in which a manufacturing company's claim was measured against a government party and the national electricity utility. The appeals concerned an appeal against an assessment, and the quantum of loss and damage claimed, including the loss of goods in production and the associated profits, the loss of production and profits more generally, and the replacement cost of machinery and other equipment that had been physically affected. He appeared in the related appeals, in which the roles of the parties differed across the several matters heard together.

The subject matter places the case in the field of damages assessment, where the central task is not liability but the careful quantification of the loss actually suffered, and the drawing of a line between recoverable heads of loss and those that are too remote or insufficiently proved. Claims for lost production, lost profits and the cost of replacing damaged plant each raise their own evidential and valuation questions, and an appeal against an assessment requires the appellate court to consider whether the tribunal below applied the correct principles to each head.

At the conclusion of the appeals the Court ordered that the parties bear their own costs in all three matters, reflecting the mixed outcome across the related appeals. A thread running through the case is the disciplined quantification of commercial loss, from goods and production to the replacement of machinery, argued before the Court of Appeal of Malaysia. The reported work thus sits in the field of damages and the assessment of commercial loss, grounded in the judgment rather than any ranking, and illustrates how much turns on the measure, and not merely the fact, of loss.