HIGH COURT (KUALA LUMPUR)
ADLIN ABDUL MAJID JC
SUIT NO WA-22NCC-310-07 OF 2017
26 September 2021
Lim Kian Leong (Alvin Oh Seong Yew and Jessica Chong Een Min with him) (Sia Siew Mun & Co) for the plaintiffs.
Wong Rhen Yen (Vincent Lim and Emily Wong with him) (Dennis Nik & Wong) for the defendants.
JUDGMENT
(Assessment of Damages)A. Introduction
[1] The Plaintiffs applied for assessment of damages following a judgment obtained against the Defendants on 28 August 2018 (“Judgment”).
[2] The court awarded general damages of RM200,000 to the Plaintiffs. The reasons for this decision are as set out below.
Decision
[43] In coming to this decision, a clear distinction was required to be made between special damages and general damages. It is not disputed that special damages have not been pleaded by the Plaintiffs, and the issue that has come before the court is only on the assessment of general damages, which is clearly ordered in the Judgment.
[44] The Plaintiffs had set out a list of losses sustained by the Plaintiffs, which they claimed should guide the court in the assessment of damages. The Plaintiffs also claimed damages arising from emotional distress and loss of reputation.
[45] However, I find that the losses listed fall within the category of special damages, which have not been pleaded. Notwithstanding the fact that these special damages have not been pleaded, I did in any event consider each category of losses set out by the Plaintiffs, to guide me in the assessment of damages claimed. Even then, I found that these damages were not sufficiently proven.
[46] In relation to damages arising from emotional distress and loss of reputation, I also find that these damages have not been proven.
[47] I have however taken into account the hardship suffered by the Plaintiff in dealing with Suit No. 1017 and the Fraudulent Trading Action. In this regard, I granted an amount of RM200,000, which I consider to be a fair and reasonable sum of general damages to the Plaintiffs.