Azmi CJ (Malaya):

I have had the opportunity of reading the judgement of Mr. Justice Ong Hock Thye, and I agree with what is stated in the judgement. I would therefore allow the appeal and give judgement in favour of the appellant for the amount stated in the judgement with costs here and in the Court below.

JUDGMENT

Ong Hock Thye FJ:

This appeal is raised because the appellant is dissatisfied with the amount of damages awarded him by the High Court at Ipoh in an action for breach of contract against the respondents.

The learned Judge held that there had been a breach: against his judgment on this point there has been no appeal. The only issue before us, therefore, is whether the judgment is right as to the principles applied in the assessment of damages.

Section 74(1) of the Contracts (Malay States) Ordinance, 1950, is the statutory enunciation of the rule in Hadley v. Baxendale [1854], 9 Exch 341. This section reads:

When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things fro