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COURT OF APPEAL PUTRAJAYA
AMM JOY – Appellant
Versus
CHUAN SENG SDN BHD – Respondent
| Table of Content |
|---|
| 1. overview of appeal context and background facts. (Para 1 , 2 , 3) |
| 2. assessment details and findings related to valuation and damages. (Para 4 , 5 , 6) |
| 3. principles regarding the necessity of evidence for claiming damages. (Para 7 , 12 , 15 , 28) |
| 4. evaluating legal standards for assessing damages in trespass. (Para 8 , 9 , 10 , 11 , 13 , 14) |
| 5. principles established on measuring damages for both loss and use. (Para 18 , 19 , 20 , 21 , 22) |
| 6. discussions on evidence required for assessing damages. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 7. final decision on the appeal and reassessment of damages. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49) |
[1] This appeal arose out of an appeal to the Judge on an award of damages assessed by the learned Senior Assistant Registrar. Upon careful consideration of the submissions and records of appeal, we, unanimously, allowed the appeal in part and varied the decision of the learned Judge.
Background
[2] The facts and circumstances that fed to the assessment of damages merit some elaboration. The case involves two plots of land, Lots 2813 and 76. The respondent who was the plaintiff in the proceedings before the High C
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