Assessment of damages
3 cases · May 2025 to July 2025
Key Issues & Sub-Topics
no statutory requirement for the assessment of damages must only be conducted by way of full trial where witnesses are called to give evidence before the court — the court has absolute discretion as it thinks just to order the manner in which evidence of any particular fact will be given at any trial including the assessment of damages — in any assessment of damages, evidence can be adduced either by a full trial where witnesses are present or by exchanging of affidavit evidence depending on the facts and complexity of the case — where damage is shown but its amount is not proved sufficiently or at all, the court will usually decree nominal damages 1 Whether the SCJ made an error of law in finding that the Plaintiff is entitled to the sum of RM932,400.00 — Whether the SCJ made an error of law in awarding the sum of RM50,000.00 as exemplary damages 1 with an award for aggravated damages having been made by the trial judge, it is too late in the day for the defendant to assert during the assessment of damages stage that aggravated damages ought not to be awarded 1
no statutory requirement for the assessment of damages must only be conducted by way of full trial where witnesses are called to give evidence before the court — the court has absolute discretion as it thinks just to order the manner in which evidence of any particular fact will be given at any trial including the assessment of damages — in any assessment of damages, evidence can be adduced either by a full trial where witnesses are present or by exchanging of affidavit evidence depending on the facts and complexity of the case — where damage is shown but its amount is not proved sufficiently or at all, the court will usually decree nominal damages 1 case
Whether the SCJ made an error of law in finding that the Plaintiff is entitled to the sum of RM932,400.00 — Whether the SCJ made an error of law in awarding the sum of RM50,000.00 as exemplary damages 1 case
with an award for aggravated damages having been made by the trial judge, it is too late in the day for the defendant to assert during the assessment of damages stage that aggravated damages ought not to be awarded 1 case
Court Distribution
Key People & Firms
Cases
bl-24ncvc-5-01-2025
JYE AND PARTNERS SDN. BHD. v POO WEI JYE
7 July 2025
MYHC
wa-12bncvc-58-05-2024
Dato' Sri Andrew Kam Tai Yeow v Raub Oil Mill Sdn Bhd
28 May 2025
MYHC
wa-22ncvc-431-07-2018
1. ) TAN SIEW HOOI 2. ) WONG PENG KWAN v 1. ) LIM LAY SOO 2. ) THEAN YAW YEONG 3. ) TETUAN THEAN & CO (DIDAKWA SEBAGAI SEBUAH FIRMA)
27 May 2025
MYHC