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Cases

AVIATION DEVELOPMENT CORPORATION (M) SDN BHD v. YAYASAN SELANGOR
Federal Court, Putrajaya
Mohd Zawawi Salleh, Zabariah Mohd Yusof, Hasnah Mohammed Hashim FCJJ
[Appeal No: 03-3-10-2020 (W)]
7 March 2022
[2022] 4 MLRA 1

JUDGMENT

Zabariah Mohd Yusof FCJ:

[1] The appeal is against the decision of the Court of Appeal dated 12 July 2019 which reversed the decision of the learned High Court Judge who had assessed damages due to the appellant at RM24,202,141.00 together with interest and costs.

[2] In this judgment, we will refer to the parties, as they appear in the High Court, namely the appellant as the defendant and the respondent as the plaintiff.

[3] The Federal Court granted leave to the defendant to appeal premised upon the following questions of law:

Question 1

What is the role of the Court in assessing damages or any other sums ordered pursuant to a judgment on liability (Liability Judgment), and whether it may act contrary to the Liability Judgment.

Question 2

Whether the "no party should benefit from its own breach" rule (which goes to liability) can be raised at the assessment proceeding in light of the case of Ruthol Pty Ltd v. Tricon (Aust) Pty Ltd (2005) 12 BPR 98.

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
16/4-157/15
27 April 2016 [+]
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