SIA HER YAM REALTY SDN BHD v 1. ) STRATA CENTURY SDN. BHD. 2. ) NATASRI SDN BHD

jb-22ncvc-30-06-2019 High Court (Mahkamah Tinggi) 20 November 2025 • JB-22NCvC-30-06/2019

Catchwords

Assessment of damages – As a result of failure to comply with an Order for Specific Performance – To construct sewerage piping – Subsequently Plaintiff sought for consequential reliefs - A Consent Order was recorded for damages assessed -Whether the 1st Defendant can revisit the issues raised during the liability stage - Two types of damages sought by Plaintiff - The cost of constructing the sewerage piping and loss of profits/rental – Other issues raised - The date of damages to be assessed - Whether it is the date of breach or the date of hearing - Whether the principle established in Wrotham Park’s case - That damages might reasonably have been demanded as a quiet pro quo for relaxation of a covenant or contractual obligation – That is recognised in Malaysia and Singapore applicable to the present case - Whether the claim for the cost of construction of the sewerage piping proven - Whether failure to call the makers of the quotation fatal – Whether the approximations or estimates of the cost stated in the quotation can be accepted – Whether the 1st Defendant’s consultant engineer is an expert witness - Whether the claim for loss of rental proven - Whether the evidence provided by the registered valuer on loss of rental rebutted by the first Defendant – Failure by the 1st Defendant to adduce any valuation on the loss of rental for comparison - The Plaintiff’s land is occupied by a furniture showroom – Whether deductions therefore ought to be made from the loss of rental award – Whether the previous judgment awarding interest on damages is binding on the parties - Whether the Plaintiff is entitled to seek for costs on an indemnity basis.

Judges (1)

Suria Kumar a/l Durairaj Johnson Paul Delivered

Parties (3)

NATASRI Sdn Bhd Defendant SIA HER YAM REALTY Sdn Bhd Plaintiff STRATA CENTURY Sdn Bhd Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (jb-22ncvc-30-06-2019)