HIGHT COURT (KUALA LUMPUR)
ASHRAF REZAL ABDUL MANAN
SUIT NO D-22NCC-776 OF 2009
3 June 2021
GROUNDS OF JUDGMENT
(ASSESSMENT OF DAMAGES BEFORE REGISTRAR IN ENCLOSURE 80 & 81)Introduction
[1] This case concerns two assessments of damages ordered by the learned trial judge dated 27 December 2012 in favour of Plaintiffs against TRA Mining (Malaysia) Sdn Bhd (TRA), the first defendant (Enclosure 80) and Mohd Afrizan bin Hussain (Afrizan), the second defendant (Enclosure 81).
[2] This case has a very long litigation history. The main action commenced in 2009 which then involved subsequent lawsuits in several courts and various stages of appeal proceedings. The judgment ordering for this assessment of damages had gone up to the appellate courts and was affirmed eventually. The matter was then remitted to the High Court for assessment of damages. I shall state, at the outset, that when this assessment was directed to proceed before a registrar, Circular No.2/2021 of the Chief Judge of Malaya dated 30 March 2021 has yet been in place.
[3] Both assessments were done by way of affidavit evidence. In this judgment, I shall refer the parties as they were referred to in the Federal Court judgment.