Abdul Malik Ishak JCA (delivering supporting judgment):

[1]This is my supporting judgment to that of the judgment of Dato' Mohamad Ariff bin Md Yusof JHC wherein this court dismissed the appeal of the appellant plaintiff with fixed costs of RM50,000 before this court as well as before the deputy registrar and before the High Court judge. The decision of the High Court was affirmed and the deposit should rightly go to the respondents/defendants.

[2]The measure of damages to be awarded to an aggrieved party has been restated in many ways by Viscount Sankey LC in Banco de Portugal v Waterlow And Sons Ltd Monarch Steamship Co Ltd v A/B Karlshamns Oljefabriker British Transport Commission v Gourley Koufos v C Czarnikow Ltd, The Heron II General Tire & Rubber Co v Firestone Tyre & Rubber Co Ltd Swingcastle Ltd v Alastair Gibson (a firm) Alfred McAlpine Construction Ltd v Panatown Ltd Livingstone v The Rawyards Coal Company (1880) 5 App Cas 25

that sum of money which will put the party who has been injured, or who has suffered, in the same position as he would have been in if he had not sustained the wrong for which he is now getting his compensation or reparation.

[3]Asquith LJ in Victoria