Azman bin Teh v Chong Shao Fen & Anor

Appellant(s): Xxxx

Respondent(s): Xxxx

• YA Dato' Paduka Azman Bin Abdullah
• YA Dato' Ahmad Fairuz bin Zainol Abidin
• YA Datuk Dr Lim Hock Leng

• The respondents' bungalow was damaged in 2009 by demolition/construction works carried out by their neighbours, leading to a negligence suit against multiple parties, including the appellant (a consultant engineer).
• The Court of Appeal had previously apportioned liability, holding the appellant 30% liable, and ordered an assessment of damages.
• This appeal arose from a High Court reassessment of damages against the appellant, which awarded the respondents sums for loss of rental/use, repair and rectification, and aggravated/exemplary damages.

• Whether the claim for loss of rental/loss of use of the bungalow constituted special damages requiring specific pleading, or general damages.
• Whether the award for repair and rectification works amounted to a double claim, given previous remedial works.
• Whether the High Court was justified in awarding aggravated and/or exemplary damages and if the quantum was manifestly excessive.

• The Court dismissed the appeal, affirming the High Court's decision and awards of damages against the appellant.
• The Court held that loss of rental/loss of use was correctly classified as general damages, as the amount could not be precisely ascertained at the time of pleading, and the appellant was not prejudiced.
• The Court found no double claim for repair and rectification works, as evidence showed that significant works remained outstanding and previous works were unsatisfactory.
• The award of aggravated and/or exemplary damages was justified due to the appellant's reckless and gross negligence and contumelious disregard for the respondents' rights, and the quantum was not manifestly excessive.