KRISHNASAMY A/L MANJINY v 1. ) KOPERASI PEKERJA JAYA BHD 2. ) GOPALAKRISHNAN A/L V. SUBRAMANIAM
wa-22ncvc-567-10-2017 High Court (Mahkamah Tinggi) 21 May 2026 • WA-22NCvC-567-10/2017 • 11 min read
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 – General and compensatory damages – Beneficial proprietary interest – Breach of trust – Breach of fiduciary duty – Equitable fraud – Concealment and non-disclosure – Prolonged deprivation of beneficial ownership – Moderated judicial assessment – Rejection of speculative valuation methodology. Damages – Aggravated damages – Abuse of trust and confidence – Prolonged concealment – Disregard of fiduciary obligations – Oppressive conduct – Whether aggravated damages justified as part of the assessment of damages. Damages – Exemplary damages – Liability judgment expressly directing exemplary damages to be assessed – Punitive and deterrent award – Proportionality – Avoidance of duplication with aggravated damages. Equity – Trusts – Beneficial ownership – Bare trustee – Fiduciary obligations – Wrongful dealings with trust property – Failure to account – Assessment of damages arising from breach of trust. Evidence – Valuation evidence – Market valuation – Speculative future development value – Evidential aid only – Whether valuation figures should be adopted as the mathematical measure of recoverable damages. Civil Procedure – Clarification proceedings – Scope of clarification – Clarification of legal basis of aggravated and exemplary damages – Distinction between clarification and review or appeal – Challenge to correctness of judgment properly a matter for the appellate
Practice Areas
Judges (1)
Counsel (6)
Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-567-10-2017)