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.