1. ) SUHIRTHARATNAM A/L K. KULARATNAM 2. ) SHARMINI A/P KANAGASABAI v 1. ) KOPERASI PEKERJA JAYA BHD 2. ) GOPALAKRISHNAN A/L V. SUBRAMANIAM

wa-22ncvc-208-04-2019 High Court (Mahkamah Tinggi) 21 May 2026 • WA-22NCvC-208-04/2019 • 11 min read

4 cases cited (0 SG, 4 foreign)

Catchwords

Civil Procedure – Assessment of damages – Assessment following liability judgment after full trial – Liability conclusively determined – Assessment confined to quantification of damages arising from established liability. Damages – Compensatory damages – Beneficial proprietary interests – Breach of trust – Breach of fiduciary duty – Fraud – Concealment and non-disclosure – Prolonged deprivation of beneficial ownership – Frustration of intended family-home purpose – Moderated judicial assessment – Rejection of speculative valuation methodology. Damages – Aggravated damages – Breach of trust – Abuse of fiduciary obligations – Concealment – Non-disclosure – Oppressive conduct – Prolonged deprivation of beneficial rights – Whether aggravated damages formed part of the Court's assessment of the consequences of the established wrongdoing. Damages – Exemplary damages – Liability judgment expressly directing exemplary damages to be assessed – Punitive and deterrent award – Proportionality – Avoidance of duplication with compensatory and aggravated damages. Equity – Trusts – Beneficial ownership – Fiduciary obligations – Wrongful dealings with trust property – Failure to account – Assessment of damages arising from breach of trust and fiduciary duty. Evidence – Valuation evidence – Scott Schedule – Market valuation – Equitable compensation – Speculative future development value – Whether valuation evidence should be adopted as the mathematical measure of recoverable damages – Judicial moderation. Civil Procedure – Clarification proceedings – Scope of clarification – Clarification of legal basis of aggravated and exemplary damages – Distinction between clarification and appeal – Challenge to correctness of the assessment judgment properly a matter for the appellate process

Practice Areas

Civil Procedure Damages Evidence

Judges (1)

Mahazan binti Mat Taib Delivered

Counsel (6)

Faid Naraendran & Partners Firm Murugesan Sinnandavar & Association Firm Mohd Nizam Bin Yahya Counsel Plaintiff Nurluqman Counsel Plaintiff Rajenthira Kumar Counsel Defendant S. Murugesan Counsel Defendant

Parties (4)

KOPERASI PEKERJA JAYA BHD Defendant Gopalakrishnan a/l V. Subramaniam Defendant Sharmini a/p Kanagasabai Plaintiff Suhirtharatnam a/l K. Kularatnam Plaintiff

Cases Cited (4)

UK (1)

[2015] AC 1503

MY (3)

[1999] MLJU 679 [2012] 6 MLJ 354 [2024] 12 MLJ 503

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22ncvc-208-04-2019)