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PLAINTIFF
AND
ALLIANCE
...
BANK
(M)
BHD
DEFENDANT
GROUNDS OF DECISION
1.
THE FACTS
2.
charge
was
increased
and
up-stamped
to
secure
was
the property
was sold by
for RM210,000,00.
property in breach
of the
However, in
to
be
compensated
in
the
sum
in
fact
RM210,000.
sold
To
my
at
the
mind,
public
this
sale
later
for
figure
between
the
valuation
figure
mere
RM5,000
and
moreover,
the
in
paragraphs
10.4
statement
of
claim
abandoned
his
claim
and
(the
for
10.5
of
plaintiff
damages
the
has
under
paragraph 10.3).
(emphasis added)
The
RM28,181.50
b. Transport expenses incurred (airfare, taxi
transfer in KL and Sydney) for the sum of
RM52,785.62;
c. Hotel accommodation
for
the
sum
of
RM2,400.00;
d. Telephone, fax, postages for the sum of
RM1,000.00;
e. Interpreters
services
for
the
sum
of
RM900.00;
f. Valuation Report for the sum of RM1,000.00;
g. Auctioning
Costs
for
the
sum
of
RM19,858.60; and
h. Loss of capital appreciation of property for
the sum of RM135,000.00.
8. The defendant disputed these heads of
for the
in defending
the foreclosure
10.
The
ARGUMENTS OF PARTIES
11.
damage
in the assessment
established principle
it was a well
In
As
The
these
special
eight heads of
were recoverable ?
THE LAW
14. The law on the subject of general and special damages is
well settled
point clearly.
judge
does
not
appear
to
have
that
while
special
damages
are
and
probable
consequence
of
the
15.
comprehensively as follows;
It is a well-established principle that special
damages in contrast to general damages, have
to be specifically pleaded and strictly proved.
They are recoverable only where they can be
included in the proper measure of damages
and are not too remote (see Halsbury's Laws of
England 4th edition, volume 11 page 218 para
386). That in our view is the cardinal principle
the
general
damages
should
not
be
Samuels(
supra)
that
special
Ilkiw v.
damages
if
must
be
pleaded
where
the
precise
and
so
become
crystallised
or
special
damages
have
to
be
Lord
Goddard
in
British
Transport
or
special
is
whether
and
evidence,
or
of
the
damage
which
has
been
present
case,
evidence
was
damage
of
very
much
and
no
application
to
evidence
earnings
in
about
excess
the
of
loss
77
of
was
(which
10
had
not
been
loss
of
earnings
of
the
16.
clearly
from these
The
is to ensure that a
need to
11
12
CONCLUSION
19.
defendants
Dated:
19 September 2013
t.t.
(S M KOMATHY SUPPIAH)
Judicial Commissioner
High Court of Malaya
Kuala Lumpur
Solicitors :For the Plaintiff : Surinder Kaur ; M/s Alvin John &Partners
For the Defendants : Chin Tzi Song ; M/s Ariffin & Partners
13