FEDERAL COURT PUTRAJAYA
JEFFERY LAW SIEW SU & ORS – Appellant
Versus
YU GUI – Respondent
| Table of Content |
|---|
| 1. assessment of damages linked to injunctions. (Para 1 , 2 , 3) |
| 2. causal link requirement for damages. (Para 4 , 5) |
| 3. establishing causation and its relevance to damages. (Para 6 , 7 , 8) |
[1] On 29 July 2009, the High Court granted an ex parte injunction to the appellants/plaintiffs against the respondent/2nd defendant and four other defendants. That ex parte injunction ordered (i) return by the 5th defendant of the subject in dispute (two containers of veneer), (ii) payment by the 1st to 3rd defendants (shareholders of the 4th defendant company - Rich Efficient Wood Industries Sdn Bhd) of the proceeds of sale of the 4th defendant's goods to the 4th defendant, (iii) disclosure by the 1st to 3rd defendants of the assets of the 1st to 3rd defendants, (iv) cross-examination of the 1st to 3rd defendants on their affidavits, as well as granted a mareva injunction against the 1st to 3rd defendants who were ordered not to leave Sarawak until conclusion of their cross-examination.
[2] On 20 September 2009, the High Court set aside that ex parte injunction and ordered "damages occasioned thereby to be assessed by the Deputy Registrar and to be paid by the (appellants/plaintif
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