COURT OF APPEAL PUTRAJAYA
UOB KAY HIAN PTE LTD – Appellant
Versus
MA BOON LAN – Respondent
| Table of Content |
|---|
| 1. summary of appeal and procedural background. (Para 1 , 1) |
| 2. arguments regarding nullity and assessment of damages. (Para 2 , 3 , 4) |
| 3. court's observations on pleading and damages assessment procedures. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. decision on the high court's assessment of damages. (Para 15 , 16) |
[1] By its Notice of Appeal, the judgment creditor UOB Kay Hian Pte Ltd (the appellant) appealed against the decision of the Judicial Commissioner who had:
(1) Dismissed the judgment creditor's appeal to the judge in chambers against the Deputy Registrar's decision to dismiss the judgment creditor's preliminary objections on the assessment of damages in Application for Execution No: 36-01-2005(MR);
(2) Dismissed the judgment creditor's appeal to the judge in chambers against the Deputy Registrar's decision to allow judgment debtors assessment of damages in the sum of RM115,484.85 with costs in Application for Execution No: 36-01-2005(MR);
(3) Ordered that both dismissals be with costs to be taxed; and
(4) Allowed the respondent/execution debtor's summons in chambers in Application for Execution No: 36-04-2010(MR) with costs to be taxed.
[2] In the appeal
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