Wong Min Yen
About Wong Min Yen
Wong Min Yen appears as counsel of record in 3 reported Malaysia judgments (2024). These were heard before MYCOA (3).
On the court record
A clear example of appellate practice in the assessment of damages, focused on the disciplined quantification of loss and the date from which pre-judgment interest runs.
Wong Min Yen appears in this corpus in a set of assessment appeals decided together in the Court of Appeal (Mahkamah Rayuan), appearing 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 questions of quantum arising from an incident that damaged an industrial concern's operations.
The heads of loss in contention were detailed. They included the loss of goods in production and the associated profits; the loss of production and the profits that would otherwise have been earned; and the replacement cost of machinery and other equipment that had been physically damaged, together with the cost of repair. Two 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 the claim was filed — a choice that can materially affect the sum recovered. The second was an evidential question about whether damages could be awarded in respect of documents that had been marked only for identification, that is, documents marked "ID" rather than formally admitted into evidence, which bears on the standard of proof required before a 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 these assessment appeals, Wong Min Yen's role was to address the correct measure of the several heads of loss and the appropriate date from which interest should run. The matter is a clear example of appellate practice in the assessment of damages, where the contest is not over liability but over the disciplined quantification of loss and the evidential threshold attaching to each component of the claim.
How many cases has Wong Min Yen appeared in?
Wong Min Yen appears as counsel of record in 3 reported Malaysia judgments (2024).
Which courts does Wong Min Yen appear in?
Wong Min Yen 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 physically 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.