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2024 MarsdenLR 448

HIGH COURT MALAYA KUALA LUMPUR
HEW KUAN YAU – Appellant
Versus
MENTERI DALAM NEGERI & ORS – Respondent


Petitioner Advocates:Shamesh Jeevaretnam,Vince Tan Hoo Seh ,Respondent Advocate: Nur Irmawatie Daud,Ng Wee Li

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] This judgment concerns the approach to be taken in assessing damages sought in a successful judicial review application. The case concerns the assessment of damages sought by the applicant where the decision of the Minister of Home Affairs ("Minister") issuing a prohibitory order under s 7(1) of the Printing Presses and Publications Act 1984 ("the PPPA") banning a comic book authored by the applicant was quashed by order of certiorari.

[2] Initially, the High Court had dismissed the application for judicial review. The Court of Appeal reversed the High Court in the ensuing appeal and ordered that the prohibitory order issued by the Minister be quashed by an order of certiorari and allowed the prayer that damages be assessed as pleaded in the application for judicial review. The prayer for damages was made pursuant to O 53 r 5 of the Rules of 2012 (hereinafter all rules mentioned refer to the Rules of 2012 unless stated otherwise).

[3] The assessment was carried out by way of affidavit evidence and after reading the affidavits and written and oral submission of the parties, I made the following orders in respect of special dama

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