JUDGMENT

Mohamed Zaini Mazlan JCA:

Introduction

[1] These two appeals pertain to the assessment of damages by the High Court. The dispute between the plaintiff, China Comservice (Hong Kong) Limited ('CCL') and the defendant, Sediabena Sdn Bhd ('Sediabena'), arose out of an agreement between them. CCL, in its suit against Sediabena, had, amongst others, sought a declaration that the latter had breached its obligations under the agreement and that damages were to be assessed. Sediabena responded with a Counterclaim.

[2] The High Court ruled partly in favour of CCL and ordered damages to be assessed. Sediabena's Counterclaim, however, was dismissed. CCL and Sediabena's appeals to the Court of Appeal and Federal Court were dismissed. The case was then remitted back to the High Court for assessment of damages.

[3] A portion of CCL's claim for damages was allowed. In these appeals, CCL seeks to set aside the High Court's order to include the disallowed claims, while Sediabena aims to dismiss the claims allowed and for a set-off of the costs that it had incurred on the plaintiff's behalf. Appeal No B-02(IM)(NCVC)-1826-09/2022 is CCL's appeal and Appeal No B-02(IM)(NCVC)-1827-09/2022 is Sediabe