JUDGMENT

Ahmad Shahrir Mohd Salleh J:

(Assessment Of Damages)

Introduction

[1] This is the assessment of damages following a finding by the Federal Court of a breach of statutory duty by the Malaysian Bar. The breach arose under s 99(1) of the Legal Profession Act 1976 ("LPA").

[2] In its judgment, the Federal Court held that the Malaysian Bar had committed a breach of statutory duty. The breach occurred when the Malaysian Bar published a motion entitled "Motion Against Shafee Abdullah" on its official website and subsequently tabled the said motion for deliberation and resolution at the Annual General Meeting ("AGM"). The Federal Court found that such action contravened the requirements of s 99(1) of the LPA. Under that provision, the Malaysian Bar was obliged to refer the matter directly to the Disciplinary Board rather than raising it through a public forum such as the AGM.

[3] The plaintiff, Tan Sri Dr Muhammad Shafee Abdullah, claims damages in light of the said breach. He seeks a global sum of RM2 million. This sum is claimed under the heads of general damages, aggravated damages and exemplary or punitive damages.

[4] The general damages claimed encompass several aspects. Thes