RAJENDRAN A/L RASAMANICKAM v 1. ) KOPERASI PEKERJA JAYA BHD 2. ) Gopalakrishnan A/L V.Subramaniam 3. ) Metro Esquire (M) Sdn Bhd
Catchwords
Civil Procedure – Assessment of damages – Assessment following liability judgment after full trial – Liability determined by different High Court Judge – Assessment Judge confined to quantification of damages flowing from established liability – Proper scope of assessment. Damages – Compensatory damages – Beneficial proprietary interest – Breach of trust – Breach of fiduciary duty – Fraud – Conspiracy to defraud – Equitable fraud – Prolonged deprivation of beneficial ownership – Moderated judicial assessment – Whether Court entitled to reject speculative valuation methodology. Damages – Aggravated damages – Concealment – Non-disclosure – Abuse of fiduciary position – Prolonged exclusion of beneficial owner from dealings affecting trust property – Whether aggravating features formed part of the Court's overall assessment of compensatory consequences. Damages – Exemplary damages – Liability judgment expressly directing exemplary damages to be assessed – Punitive and deterrent award – Whether award justified – Proportionality – Avoidance of duplication with compensatory and aggravated damages. Equity – Trusts – Bare trustee – Beneficial ownership – Fiduciary obligations – Wrongful dealings with trust property – Failure to account – Consequences for assessment of damages. Evidence – Valuation evidence – Market valuation – Government valuation – Evidential aid only – Whether Court bound to adopt valuation as mathematical measure of 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 appellate process.
Practice Areas
Judges (1)
Counsel (6)
Judgment
Read the full judgment on the official Malaysia Courts portal.
Read on eJudgmentSource: eJudgment (wa-22ncvc-68-01-2018)