Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Aggravated Damages - Will only be granted under rare circumstances, typically involving conduct that causes or exacerbates intangible harm such as distress, humiliation, or outrage, often due to the defendant's malicious or egregious behavior ["
BUKIT TINGGI HOSPITAL SDN BHD & ANOR vs NAVIN SHARMA KARAM CHAND & ANOR AND ANOTHER APPEAL - Court Of Appeal
"], ["M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"], ["M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"], ["KERAJAAN MALAYSIA & ANOR vs NURUL RABIHAH ABDUL RAHMAN - Court Of Appeal
"], ["TAN SIEW HOOI & ANOR vs LIM LAY SOO & ORS - High Court
"], ["USAMAH ARIFFIN ABDILLAH & ORS vs KERAJAAN MALAYSIA & ORS - High Court Malaya Ipoh
"], ["THINNAGARAN PECHUMUTHU vs KERAJAAN MALAYSIA & ORS - High Court
"], ["VASANTHA KUMARI SUPRAMANIAM & ANOR vs DR PAKIRISAMY BASKARAN & ORS - High Court
"], ["LOGANATHAN THIAGARAJAN vs DR LEE MUN TOONG - High Court
"], ["LOGANATHAN THIAGARAJAN vs DR LEE MUN TOONG - High Court
"], ["LOGANATHAN THIAGARAJAN vs DR LEE MUN TOONG - High Court
"].Main Points & Insights:
M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"], ["M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"], ["KERAJAAN MALAYSIA & ANOR vs NURUL RABIHAH ABDUL RAHMAN - Court Of Appeal
"], ["THINNAGARAN PECHUMUTHU vs KERAJAAN MALAYSIA & ORS - High Court
"].BUKIT TINGGI HOSPITAL SDN BHD & ANOR vs NAVIN SHARMA KARAM CHAND & ANOR AND ANOTHER APPEAL - Court Of Appeal
"], ["M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"].M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"], ["M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"], ["KERAJAAN MALAYSIA & ANOR vs NURUL RABIHAH ABDUL RAHMAN - Court Of Appeal
"].HONG AN LIANG vs CHEE TECK WAH - High Court
"], ["VASANTHA KUMARI SUPRAMANIAM & ANOR vs DR PAKIRISAMY BASKARAN & ORS - High Court
"], ["THINNAGARAN PECHUMUTHU vs KERAJAAN MALAYSIA & ORS - High Court
"].M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"], ["KERAJAAN MALAYSIA & ANOR vs NURUL RABIHAH ABDUL RAHMAN - Court Of Appeal
"], ["LOGANATHAN THIAGARAJAN vs DR LEE MUN TOONG - High Court
"], ["LOGANATHAN THIAGARAJAN vs DR LEE MUN TOONG - High Court
"].Certain cases clarify that aggravated damages can sometimes serve a similar purpose as exemplary damages, especially when the defendant's conduct is particularly reprehensible ["
BUKIT TINGGI HOSPITAL SDN BHD & ANOR vs NAVIN SHARMA KARAM CHAND & ANOR AND ANOTHER APPEAL - Court Of Appeal
"], ["HONG AN LIANG vs CHEE TECK WAH - High Court
"].Analysis and Conclusion:
M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"], ["M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"].BUKIT TINGGI HOSPITAL SDN BHD & ANOR vs NAVIN SHARMA KARAM CHAND & ANOR AND ANOTHER APPEAL - Court Of Appeal
"], ["M3 TECHNOLOGIES (ASIA) BERHAD & ANOR vs VOON SZE LIN & ORS - High Court
"].BUKIT TINGGI HOSPITAL SDN BHD & ANOR vs NAVIN SHARMA KARAM CHAND & ANOR AND ANOTHER APPEAL - Court Of Appeal
"].
Imagine suffering not just financial loss or physical injury in a civil dispute, but also profound due to the defendant's . In such scenarios, plaintiffs might seek —an additional layer of compensation. But are they easy to obtain? The legal question at the heart of many claims is: will only be granted under rare circumstances. This blog explores this principle under Malaysian law, drawing from key judgments to clarify when courts may award them, the proof required, and real-world applications.
Note: This post provides general information based on legal precedents and is not specific legal advice. Consult a qualified lawyer for your situation.
serve as additional compensation for , such as or , caused or worsened by the defendant's exceptional conduct
. Unlike standard , which compensate for pain and suffering broadly, target harm exacerbated by aggravating factors like malice, , or .
As outlined in legal principles, are awarded as additional compensation where a plaintiff has suffered intangible harm due to the exceptional conduct of the defendant
. Courts emphasize that these are , not , distinguishing them from
.
Yes, are typically granted only under rare circumstances. The cornerstone is proof of by the plaintiff. The court must be satisfied of the existence of before awarding such damages
. Without this, claims fail
.
Key conditions include:- Exceptional defendant conduct: Such as or malice that intensifies the plaintiff's suffering
.- : Awards must be just, appropriate, and reasonable, reflecting the conduct's nature and injury extent
.- No overcompensation: Courts avoid unjustly enriching plaintiffs or impoverishing defendants
.
If the exceeds other damages or forms a high percentage, courts must provide explicit reasons
.
Malaysian courts weigh several elements:- Nature and prevalence of
.- Extent of plaintiff's distress, anguish, or injured feelings
.- Proportionality to ensure fairness
.
In , for instance, are awarded for due to exceptional conduct of the defendant
. One case awarded RM500,000 in after liability admission in a child's death, but were disallowed for lack of egregious proof
. Similarly, another substituted exemplary claims with additional totaling RM500,000, noting increased suffering due to defendants' reckless conduct
.
In claims involving a child's death from negligence, courts awarded substantial (e.g., RM500,000) for intangible harm from reckless acts, while stressing evidence substantiation
. were assessed on fairness and reasonableness, but aggravated required exceptional proof.
In a suit, no were granted as no award as to is granted as an additional remedy against the Defendant due to lack of exceptional conduct
. The court awarded general (RM50,000) and exemplary (RM20,000) instead, underscoring proof burdens.
Corporate plaintiffs generally cannot claim
. In IP infringement, willful violations led to aggravated awards alongside damages, punishing conduct 2019 0 Supreme(Del) 614. However, awards remain rare without clear aggravation.
These examples illustrate: while possible in negligence or torts, denials are common without proven rarity.
A critical differentiation: compensate for wounded feelings from aggravating conduct, while exemplary () punish and deter misconduct
. are distinct from , which are and require different criteria
. Courts often convert exemplary claims to aggravated if punishment thresholds aren't met
.
Awards may be denied if:- No proof of aggravation
.- Conduct doesn't qualify as exceptional
.- Plaintiff is a corporation
.
High awards demand justification to show proper discretion
.
Legal practitioners should guide clients accordingly, as claimants seeking must ensure they plead and prove specific
implied principles.
.
.
.
In summary, while offer recourse for exceptional wrongdoing, their rarity underscores the high evidentiary bar. Understanding these nuances can strengthen civil claims in Malaysia.
References:1.
: Principles, proof, and quantification.2.
: and discretion.3.
: Distinction from exemplary.4.
,
: applications.5. Others as cited. #AggravatedDamages #MalaysiaLaw #CivilDamages
of the High Court , which granted RM700,000.00 as aggravated damages, is set aside. ... Such conduct is necessarily rare - it does not follow in the ordinary course. ... for pain and suffering had already been granted. ... Such a list of the circumstances which may aggravate compensatory damages until they can properly be classified as aggravated damages is not intended to be in any way finite or complete. ... (which are key ingre....
The Court in such a case has a discretion whether, under all the circumstances, the Defendant ought to have damages in respect of the interlocutory injunction having been improperly granted, though a perpetual injunction is granted at the trial." ... Aggravated Damages Counsels' Contentions On The Issue Of Aggravated Damages [33] Here, D2 sought aggravated damages, arguing that the plaintiffs had acted maliciously....
The Court in such a case has a discretion whether, under all the circumstances, the Defendant ought to have damages in respect of the interlocutory injunction having been improperly granted, though a perpetual injunction is granted at the trial." ... Aggravated Damages Counsels' Contentions On The Issue Of Aggravated Damages [33] Here, D2 sought aggravated damages, arguing that the plaintiffs ... In light of these....
Unlike special damages, which require precise quantification, general damages are assessed based on judicial discretion, fairness, and reasonableness, considering the circumstances of each case. ... Aggravated Damages [21] Aggravated damages are awarded as additional compensation where a plaintiff has suffered intangible harm due to the exceptional conduct of the defendant. ... [34] Having considered the above for the claim for aggravated #HL_START....
[59] In our view, the award of RM300,000.00 for aggravated damages in this case is justifiable, fair, and reasonable, considering the overall facts and circumstances of this case. ... Aggravated damages are awarded for feelings of distress or outrage as a result of the particularly egregious way or circumstances in which the tort was committed, or in which its aftermath was subsequently handled by the defendant." ... Aggravated damages in this type ....
[2021] 6 CLJ 157 , the Court substitutes exemplary damages with an additional RM200,000.00 under aggravated damages, increasing the total aggravated damages award to RM500,000.00. ... [4] I will address the assessment of damages in the following sequence: a) Special damages; b) General damages; c) Aggravated damages d) Exemplary damages; and e
Aggravated Damages Of 8,500,000.00 [24] I reject this claim. [25] A corporate plaintiff cannot be granted aggravated damages. [See Raub Australian Gold Mining Sdn Bhd v. ... ; ii. general damages of RM34,534,644.00; iii. aggravated damages of RM8,500,000.00; and iv. exemplary damages of RM10,000,000.00. ... para 8.1]: i. special damages of RM698,850.00; ii. general damages of RM34,534,644.00; iii....
As such, no award as to aggravated damages is granted as an additional remedy against the Defendant. ... namely, general damages, aggravated damages and exemplary damages. ... Aggravated Damages [49] Further, the Plaintiff has prayed for aggravated damages against the Defendant. [50] In this respect, reference is made to the case of Big Junkyard Sdn Bhd & Anor v. ... SH Alattas & Ors; [1991] 2 CL....
As such, no award as to aggravated damages is granted as an additional remedy against the Defendant. ... namely, general damages, aggravated damages and exemplary damages. ... Aggravated Damages [49] Further, the Plaintiff has prayed for aggravated damages against the Defendant. [50] In this respect, reference is made to the case of Big Junkyard Sdn Bhd & Anor v. ... SH Alattas & Ors; [1991] 2 CL....
As such, no award as to aggravated damages is granted as an additional remedy against the Defendant. ... namely, general damages, aggravated damages and exemplary damages. ... Aggravated Damages [49] Further, the Plaintiff has prayed for aggravated damages against the Defendant. ... SH Alattas & Ors [1990] 3 MLRH 268; [1991] 2 CLJ (Rep) 487 where the Court granted RM100,000.00 a....
9. In Navjot Singh Sidhu v. State of Punjab & Anr., AIR 2007 SC 1003 , this Court held that the Appellate Court can suspend 'an order appealed against', i.e. an order of conviction, only if the convict specifically establishes the consequences that may follow if the operation of the said order is not stayed. Stay of conviction must be granted only in a rare case and that too, only under special circumstances. (See also: State of Punjab v. Navraj Singh AIR 2008 SC 2962 ; and CBI, New Delhi v. Roshan Lal Saini, AIR 2009 SC 755 ).
As the Defendants have wilfully and repeatedly infringed the Plaintiffs’ rights as vested in their copyright, trade dress and design, the Plaintiffs are entitled to an award of compensatory damages to the extent of Rs.69,96,000/- payable by M/s Omni Exim Private Limited and Rs.1,45,75,000/- which is to be paid jointly and severally by M/s Nova Manufacturing Industries Limited (NOVA) and M/s Badri Electro Supply and Trading Company (BESTCO) LLC. PLAINTIFFS ARE ALSO ENTITLED TO AGGRAVATED/EXEMPLARY DAMAGES
A perusal of the facts of the Whatman (supra) elucidate, that it is a case wherein the Defendants were infringing the trademark of the Plaintiff for 25 years and inspite of repeated legal action, the acts of the Defendants remained unchanged. In the said judgment the decision of the division bench in Hindustan Unilever Limited (supra) has been taken note of. No doubt the court has awarded aggravated and punitive damages, but the same was done on account of special circumstances. The conduct of the Defendant in the said case was found to be glaringly wrong for a period spann....
Stay of conviction must be granted only in a rare case and that too, only under special circumstances. In Navjot Singh Sidhu v. State of Punjab & Anr., AIR 2007 SC 1003, this Court held that the Appellate Court can suspend "an order appealed against", i.e. an order of conviction, only if the convict specifically establishes the consequences that may follow if the operation of the said order is not stayed. (See also: State of Punjab v. Navraj Singh, AIR 2008 SC 2962; and CBI, New Delhi v. Roshan Lal Saini, AIR 2009 SC 755).
In actions in tort where damages are at large i.e. not limited to the pecuniary loss that can be specifically proved, the Court may also take into account the defendant's motives, conduct and manner of committing the tort, and where these have aggravated the plaintiff's damage e.g. by injuring his proper feelings of dignity, safety and pride - aggravated damages may be awarded. Aggravated damages are designed to compensate the plaintiff for his wounded feelings-they must be distinguished from exemplary damages which are punitive in nature and which (under English Law) may be awarde....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
