JUDGMENT

Zainun Ali JCA:

[1] The appeal before us is against the decision made on 7 March 2005 by the learned trial judge of the High Court on the assessment of damages only. The trial judge had awarded the respondent total damages of RM900,000 together with interest at 8% per annum from the date the action was filed until full realisation.

[2] The trial judge had thereby set aside the decision of the deputy registrar made earlier on 5 July 2004 who awarded nominal damages of RM500 only to the respondent.

[3] The question of liability was decided by the said trial judge on 8 June 2001 where he allowed the respondent's claim against the appellant. The trial judge did not make any order on damages but ordered that damages be assessed by the senior assistant registrar. The appellant appealed to the Court of Appeal against both these orders via Civil Appeals No. P-02-614-2001 and P-02-1077-2001 respectively. On 6 July 2004, the Court of Appeal dismissed both appeals.

[4] Thus the threshold position of the appellant's liability was determined.

Background Facts

[5] The respondent is a company having its registered office at No. 2683 2nd Floor Jalan Chain Ferry, Taman Inderawasih Butterwo