JUDGMENT

[Claim For Fire Consequential Loss]

Leong Wai Hong J:

Introduction

[1] This is a trial heard over 4 days in 2025. Oral submissions by counsel were held before me on 23 May 2025 and on 6 August 2025. On 8 October 2025 I delivered my decision as follows:

i. I allowed the plaintiff's claim for the sum of RM220,725.00 based on a fire policy. [Enclosure 16 B1 pp 23-43]; and

ii. I dismissed the claim for RM3,919,991.42 for fire consequential loss based on a fire consequential policy. [Enclosure 16 B1 p 48].

[2] An appeal was filed by the plaintiff on 6 November 2025 to the Court of Appeal against the dismissal of its claim for RM3,919,991.42 for fire consequential loss. These are my Grounds of Judgment in respect of the claim for fire consequential loss only.

Relevant Facts

[3] A fire occurred on 27 August 2020, causing damage to the furnace area and biogas burner in the water-tube steam-generating boiler at the plaintiff's business premises at Lot 514 & 5,5, Kampung Tiong, 73400 Gemas, Negeri Sembilan.

[4] Due to the fire, Boiler no 2 was not operational from 27 August 2020 to 3 January 2021, a period of 129 days. Only Boiler no 1 was operational.

[5] The plaintiff claims RM3,919,991.42