Sinnadurai Law of Contract 3rd Edn para 1338 see now 4th Edn 2011 para 1344 was

Sinnadurai law of contract 3rd edn para 1338 see now

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Sinnadurai, Law of Contract (3rd Edn) para 13.38 (see now 4th Edn, 2011, para 13.44) was also referred to in this case. 3 Dennis v Sennyah [1963] MLJ 95. 4 Dennis v Sennyah [1963] MLJ 95 at 95 per Hepworth J .
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Page 2 of 3 (10) Exemplary Damages 5 Bank Bumiputra Malaysia Bhd, Kuala Terengganu v Mae Perkayuan Sdn Bhd [1993] 2 MLJ 76, SC, especially at 91 per Abdul Hamid Omar LP , applying the principles in Rookes v Barnard [1964] AC 1129, [1964] 1 All ER 367, HL , and Cassell & Co Ltd v Broome [1972] AC 1027, [1972] 1 All ER 801, HL . See also Lembaga Kemajuan Tanah Persekutuan (FELDA) v Awang Soh bin Mamat [2009] 4 MLJ 610, CA , where exemplary damages were sought. James Foong FCJ (in delivering the majority decision) observed (at 636) as follows: ‘Basically, the law sets down that this category of damages, if awarded, should be moderate and the resources of the parties must be taken into account. Other factors to be considered are the quantum of compensatory award as well as the conduct of the parties right down to the time of the judgment. The gravity of the wrong is also another item to be taken into account. These are spelled out in Cheng Hang Guan v Perumaham Farlim (Penang) Sdn Bhd [[1993] 3 MLJ 352]’. See also Abdul Malik Ishak JCA’s dissenting judgment, where the Contracts Act 1950 (Act 136) ss 4 and 75, and the cases on damages (including exemplary damages) were discussed in detail. The cases of Popular Industries Ltd v Eastern Garment Manufacturing Sdn Bhd [1989] 3 MLJ 360 and Tan Sri Khoo Teck Puat v Plenitude Holdings Sdn Bhd [1994] 3 MLJ 777, FC were referred to by the Court of Appeal. On exemplary damages, see also the High Court decision in Choy Ching Wan @ Chua Cheng Wan (P) v Land Development Specialist Sdn Bhd [2008] 7 MLJ 96, where exemplary damages were awarded for the conduct of the defendant in selling the apartment to a third party when the trial was ongoing thereby depriving the plaintiff of obtaining the remedy of specific performance. [120.615] Wrongful dismissals and financial loss and loss of reputation: ‘Stigma damages’ The House of Lords made it clear that exemplary damages would not be granted for wrongful dismissals 1 . This principle has been followed in Malaysia 2 , and it has been emphasised that damages cannot be awarded to an employee for the manner of the dismissal, for his injured feelings or for the loss he may sustain from the fact that the dismissal of itself makes it more
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