JUDGMENT

Nallini Pathmanathan FCJ:

Introduction

[1] The focus of this appeal relates to the assessment and grant of damages, generally. The Appellant, Big Man Management Sdn Bhd ('Big Man') appeals against the decision of the Court of Appeal which did not award any damages to Big Man despite a clear finding of liability against Tenaga Nasional Berhad ('TNB'). For the purposes of this appeal, the two heads of damages that arise for consideration are special damages and exemplary damages.

[2] The basis for the Court of Appeal's decision, in essence, was that Big Man's claim for special damages was not demonstrated or verified. With respect to exemplary damages, the issue was whether such damages can be awarded against a body such as TNB.

[3] The primary issues that arise for our consideration are:

(a) Firstly, to consider the evidential approach to be taken in relation to the proof of special damages. More particularly: