2025

2024

2023

2022

2021

2020

2019

2018

2017

Cases

BIG MAN MANAGEMENT SDN BHD v. TENAGA NASIONAL BERHAD
Federal Court, Putrajaya
Hasnah Mohamed Hashim CJM, Nallini Pathmanathan, Rhodzariah Bujang FCJJ
[Civil Appeal No: 02(f)-16-05-2024(J)]
7 July 2025
[2025] 5 MLRA 771

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:

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
Award No: 515 of 2016 [Case No: 16/4-157/15]
27 April 2016 [+]
JanuaryFebruaryMarchAprilMayJuneJulyJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecemberMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember