THE CARBON COMPANY SDN BHD vs NG LEE HOON

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 2634

COURT OF APPEAL PUTRAJAYA
THE CARBON COMPANY SDN BHD – Appellant
Versus
NG LEE HOON – Respondent

Table of Content
1. judgment applies to appeals and cross-appeals regarding damages. (Para 1 , 2 , 3)
2. overview of facts leading to the claimed damages. (Para 4 , 5 , 6 , 13)
3. plaintiff's claims related to conversion and trespass. (Para 17 , 19 , 20)
4. plaintiff's claims for conversion and trespass are laid out. (Para 18)
5. assessment of evidence presented by both parties. (Para 21)

[1] This is an appeal by the appellant (the defendant in the High Court) against the decision of the High Court at Kuala Lumpur dated 5 May 2014, which allowed part of the respondent's (the plaintiff in the High Court) claim against the appellant, in that, the appellant was ordered to pay the respondent, damages in the sum of RM659,603.60 with cost and interest.

[2] The respondent in turn cross-appealed seeking to have the order that its claim for loss of profit in the sum of RM4,367,387.02 which was dismissed vide the order dated 5 May 2014, be allowed.

[3] For ease of reference, in this judgment the parties will be referred to as they were in the High Court.

Brief Background Of Facts

[4] The brief background facts (Agreed Facts as in Document marked as "E") had been set out by the learned judge in the Gro

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2017 MarsdenLR 2634

COURT OF APPEAL PUTRAJAYATHE CARBON COMPANY SDN BHD – AppellantVersusNG LEE HOON – Respondent

COURT OF APPEAL PUTRAJAYA
THE CARBON COMPANY SDN BHD – Appellant
Versus
NG LEE HOON – Respondent