CHEE KONG ENGINEERING & CONSTRUCTION SDN. BHD. v SERBA DINAMIK SDN. BHD.

ja-12bncc-3-09-2020 High Court (Mahkamah Tinggi) 28 January 2026 • JA-12BNCC-3-09/2020 • 2 min read

Catchwords

Assessment of Damages – Failure to comply with return order; valuation based on full value; depreciation irrelevant. Res Judicata – Quantities and liability conclusively determined; cannot be reopened during assessment appeal. Appellate Intervention – “Plainly wrong” threshold not met; findings of fact not to be disturbed. Business Records Evidence – Purchase Orders admissible; makers not required. Mitigation of Loss – Duty does not override express court order; no obligation to collect returned goods. Non-Compliance with Court Order – Party cannot benefit from own default.

Judges (1)

Manira binti Mohd Nor Delivered

Parties (2)

CHEE KONG ENGINEERING & CONSTRUCTION Sdn Bhd Appellant SERBA DINAMIK Sdn Bhd Respondent

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ja-12bncc-3-09-2020)