2010 MarsdenLR 3567

ZAINUN ALI, RAMLY ALI, AZHAR MAAH
BALAKRISHNAN KALIANNAN – Appellant
Versus
RITZ GARDEN HOTEL (CAMERON HIGHLANDS) SDN BHD – Respondent

Courts have discretion to award interest on judgment debts, and failure to breach agreement does not preclude the right to claim interest.

Headnote:(A) Civil Law Act 1956 - Section 11, Rules of the High Court 1980 - Appeal against a judgment concerning land transaction - The High Court ordered the defendant to pay the balance purchase price of RM750,000 to the plaintiff, but disallowed interest - The plaintiff claimed interest based on settled law and discretionary power of the court to award interest - The defendant was unable to substantiate claims of an oral variation to the terms of the agreement - The plaintiff justified lodging a caveat after the defendant's breach of the agreement. (Paras 6-9)

(B) Interest - Defendant's contention that the plaintiff is not entitled to interest due to a lodged caveat was dismissed; the caveat was warranted as the defendant breached the agreement. (Paras 8-9)

(C) Discretionary powers - Courts have discretionary authority to award pre-judgment and post-judgment interest as stipulated under the relevant rules and laws. (Paras 6-7)