BATU KEMAS INDUSTRI SDN BHD v 1. ) Kerajaan Malaysia 2. ) TENAGA NASIONAL BERHAD

a-01w-243-04-2022 Court of Appeal (Mahkamah Rayuan) 10 November 2024 • A-01(W)-243-04/2022 • 22 min read

7 cases cited (0 SG, 7 foreign)

Catchwords

Appeal against Assessment - Quantum of loss and damage – loss of goods in production and the profits – loss of production and the profits – replacement cost of machinery and other equipment physically damaged and the repair cost – issue of discretion to award pre-judgment interest from the date of incident of the date of filing claim – issue of awarding damages to documents that were marked as “ID”.

Judges (3)

Choo Kah Sing Delivered Mohd Nazlan bin Mohd Ghazali Coram S. Nantha Balan a/l E.s. Moorthy Coram

Counsel (12)

Jabatan Peguam Negara Firm Xavier & Koh Partnership Firm Zulpadli & Edham Firm Abdullah Az-Zubayr Counsel Appellant Afiq Iskandar B. Aziz Counsel Respondent Ahmad Edham Abdulwani Counsel Appellant Kenneth Koh Zhong Wey Counsel Respondent Malik Imtiaz Ahmed Counsel Appellant Ng Wee Li Counsel Respondent Nurhafizza Azizan Counsel Respondent Othman Mohd Munzeer Counsel Appellant Wong Min Yen Counsel Appellant

Parties (3)

BATU KEMAS INDUSTRI Sdn Bhd Appellant Kerajaan Malaysia Respondent TENAGA NASIONAL BERHAD Respondent

Case Significance

BATU KEMAS INDUSTRI SDN BHD v 1. ) Kerajaan Malaysia 2. ) TENAGA NASIONAL BERHAD is a Court of Appeal (Mahkamah Rayuan) decision dated November 10, 2024 (citation: a-01w-243-04-2022). <p>Batu Kemas Industri Sdn Bhd cross-appealed the High Court's assessment of damages for factory losses caused by an incident on 5 August 1998, seeking pre-judgment interest on the judgment debt. This appeal was heard together with appeals by the Government of Malaysia and TNB arising from the same assessment order. The Court of Appeal allowed Batu Kemas's appeal, ordering 5% per annum interest from the date of the High Court judgment until full payment, while affirming the replacement costs and The panel comprised Choo Kah Sing, Mohd Nazlan bin Mohd Ghazali and S. Nantha Balan a/l E.s. Moorthy, with Choo Kah Sing delivering the judgment.

Summary

Batu Kemas Industri Sdn Bhd cross-appealed the High Court's assessment of damages for factory losses caused by an incident on 5 August 1998, seeking pre-judgment interest on the judgment debt. This appeal was heard together with appeals by the Government of Malaysia and TNB arising from the same assessment order. The Court of Appeal allowed Batu Kemas's appeal, ordering 5% per annum interest from the date of the High Court judgment until full payment, while affirming the replacement costs and adjusting other heads of damages.

What was the outcome of BATU KEMAS INDUSTRI SDN BHD v 1. ) Kerajaan Malaysia 2. ) TENAGA NASIONAL BERHAD?

<p>Batu Kemas Industri Sdn Bhd cross-appealed the High Court's assessment of damages for factory losses caused by an incident on 5 August 1998, seekin...

Cases Cited (7)

UK (1)

[1911] 2 Ch 355

MY (6)

[1937] MLJ 122 [1994] 4 CLJ 646 [2003] 4 CLJ 270 [2003] 4 MLJ 30 [2016] 4 CLJ 168 [2018] 6 CLJ 683

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (a-01w-243-04-2022)