Othman Mohd Munzeer
About Othman Mohd Munzeer
Othman Mohd Munzeer appears as counsel of record in 3 reported Malaysia judgments (2024). These were heard before MYCOA (3).
On the court record
A clear illustration of appellate practice in the assessment of damages, where the contest is over the principled quantification of loss and the date from which pre-judgment interest runs.
Othman Mohd Munzeer appears in this corpus in a set of assessment appeals decided together in the Court of Appeal (Mahkamah Rayuan), acting in various capacities — for the respondent and for the appellant — as the appeals moved between the parties to a single underlying dispute. The proceedings concerned an appeal against an assessment of damages, and the questions were quintessentially quantum questions: the measure of loss and damage flowing from an incident that damaged an industrial concern's operations.
The heads of loss in issue were detailed. They included the loss of goods in production and the profits associated with them; the loss of production and the profits that would have been earned; the replacement cost of machinery and other equipment that had been physically damaged, together with the cost of repair. Two further questions were of a more legal character. The first was the exercise of the court's discretion to award pre-judgment interest, and in particular whether interest should run from the date of the incident or from the date on which the claim was filed. The second was an evidential point about the award of damages in respect of documents that had been marked only for identification — that is, documents marked "ID" and not formally admitted as evidence — which bears on the proof required before a particular head of loss can be quantified.
The parties to the dispute included an industrial company, the Government of Malaysia (Kerajaan Malaysia) and a national utility. As counsel appearing on the assessment appeals, Othman Mohd Munzeer's role was to address the correct measure of the several heads of loss and the proper date from which interest should be calculated. The matter is a clear illustration of appellate practice in the assessment of damages, where the contest is not over liability but over the principled quantification of loss and the evidential threshold for each component of the claim.
How many cases has Othman Mohd Munzeer appeared in?
Othman Mohd Munzeer appears as counsel of record in 3 reported Malaysia judgments (2024).
Which courts does Othman Mohd Munzeer appear in?
Othman Mohd Munzeer appears before MYCOA (3).
What was the subject of these Court of Appeal proceedings?
An appeal against an assessment of damages, concerning the quantum of loss and damage — loss of goods in production and profits, loss of production and profits, and the replacement and repair cost of damaged machinery and equipment.
What legal questions arose on interest and evidence?
Whether pre-judgment interest should run from the date of the incident or the date the claim was filed, and whether damages could be awarded in respect of documents marked only for identification ("ID") rather than formally admitted in evidence.