Gemilang Budaya Sdn. Bhd. v Ng Chun Wei
Catchwords
1. This appeal concerns the proper assessment of special damages arising from a tenancy dispute, and the extent to which an appellate court may intervene in such an assessment. 2. The Appellant (Plaintiff in the court below), as landlord, challenges the decision of the learned Sessions Court Judge in awarding only RM8,893.00 as damages for repair costs, together with interest at the rate of 2.5% per annum from 2 February 2020 until the date of judgment. The sum awarded represents a small fraction of the Appellant’s pleaded claim of RM177,820.00. 3. It is not in dispute that the Respondent (Defendant in the court below) was found liable for breach of the tenancy agreement and that judgment was entered in favour of the Appellant for, inter alia, arrears of rental. The present appeal is confined to the adequacy of the award for repair costs and the propriety of the interest granted thereon. The Core Issues 4. Two issues arise for determination in this appeal: (a) Whether the learned Trial Judge erred in awarding RM8,893.00, being approximately 5% of the Appellant’s claimed repair costs of RM177,820.00; and (b) Whether the award of interest at the rate of 2.5% per annum on the said sum, from 2 February 2020 until the date of judgment, was justified.
Judges (1)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (pa-12bncvc-33-10-2025)