Suzilawati Binti Sidek v 1. ) Hafizatulazna Binti Mohd Unit 2. ) Tetuan S Mathavan & Nur Hafizah 3. ) Rosmawate Binti Ahmad
Catchwords
1. This decision pertains to Enclosure 93, which is a Notice of Assessment filed pursuant to Order 37 of the Rules of Court 2012. It arises from an Order of the Court of Appeal dated 10 May 2024, by which the Court remitted the matter to this Court for the assessment of damages following the appeal in Suit No. BA-22NCvC-14-01/2022 (“Suit 14”). 2. The appeal was brought against a decision of the High Court at Shah Alam (before a different court and judge), which had dismissed the Plaintiff’s claim against both the First and Second Defendants, with costs. The Court of Appeal allowed the Plaintiff’s appeal, set aside the High Court’s decision, and directed that the matter be remitted to this Court solely for the purpose of assessing damages. 3. Significantly, the Court of Appeal found the First Defendant liable to the Plaintiff for breach of fiduciary duty, fraud, and negligence, and awarded costs of RM50,000.00, with damages to be assessed by this Court. 4. The Second Defendant was found liable in negligence only. The Court awarded costs of RM30,000.00 against the Second Defendant, and likewise directed that damages be assessed. The Pertinent Issues for Determination 5. The mandate of this Court is now confined exclusively to the assessment and determination of the quantum of damages to which the Plaintiff is entitled, arising from the findings of liability made by the Court of Appeal against the First and Second Defendants.
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (ba-22ncvc-14-01-2022)