CASE UPDATE 5/2026

A judgment in default does not dispense with the requirement to prove the nature and extent of the damages claimed.

In SPNB Aspirasi Sdn Bhd v Chimonief Sdn Bhd [2022] 4 MLJ 865, the Court of Appeal set aside a RM90 million award based primarily on alleged loss of profits arising from construction costs that had not been pleaded.

In our latest Case Update, Managing Partner Ahmad Fadzly Abdul Gani, who acted as lead counsel for the appellant, examines why pleadings continue to define the boundaries of a dispute throughout the litigation process, including during assessment proceedings.

Read the full update below.

Court of Appeal Reaffirms the Primacy of Pleadings in Assessment of Damages
SPNB Aspirasi Sdn Bhd v Chimonief Sdn Bhd [2022] 4 MLJ 865