BADAN PENGURUSAN BERSAMA TAMAN BELIMBING PERDANA v SANI-MAP DEVELOPMENT SDN BHD
Catchwords
Civil procedure — Pleadings — Special damages — Whether specific damages specifically pleaded — Whether receipt evidencing pleaded sum admissible — Whether defendant taken by surprise — Proper construction of statement of claim Evidence — Admissibility — Documentary evidence — Document marked ‘IDP’ — Statement in document — Whether maker called as witness — Whether maker had personal knowledge — Requirements of s 73A(1) Evidence Act 1950 — Distinction between admissibility and weight. Damages — Special damages — Proof — Failure to call maker of invoice — Whether document inadmissible hearsay — Whether adverse inference ought to be drawn under s 114 Illustration (g) Evidence Act 1950. Damages — General damages — Hardship and inconvenience — Whether assessment requires specific submissions on quantum — Whether expert evidence required to prove danger — Sufficiency of oral testimony of residents — Distinction between general and special damages Appeal — Cross-appeal — Finding of negligence by lower court — Failure to file notice of appeal — Whether respondent entitled to challenge findings of fact — Finality of litigation Statutes — Strata Management Act 2013 — S 6A — Duty of developer to ensure proper installation of common property — Negligence.
Practice Areas
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (wa-11bncvc-26-06-2025)