[18] After perusing through the documents and grounds of judgment of trial Judge in totality, I am of the view that when the trial Judge after hearing full facts ordered for damages to be assessed based on quantum meruit, the plaintiff cannot take the position that the payment of RM2.8M being 40% of contract sum of RM7 that it had received from the defendant ought to be retained or forfeited by the Plaintiff as damages for the unlawful termination of the original contract comprising the 4 RTGs. S/N skZzu7xh0mHygP/tvYnAQ [19] In this regard, I take guidance from and wish to apply the same principles as propounded in another High Court decision produced by counsel for the defendant namely Spatial Ventures Sdn Bhd v Twintech Holdings Sdn Bhd [2014] 8 MLJ 38 where it was held that a claim for quantum meruit is a measure of the costs of the work done; it is restitution for work done. Further, in citing McGregor on Damages it was also held in the same case that where a court assesses a claim for quantum meruit, the element of profit should already be out of the equation. The relevant paragraph from the said case is reproduced below as follows: - “[24] The position in law is that an assessment for restitution on the basis of quantum meruit is in reality a measure of the costs of the work done, a matter which does not depend upon the contract and therefore will not be trammelled or limited by the contract rate. This gives the plaintiff, not contractual damages, but restitution for the work done. In Lodder v Slowey [1904] AC 442, the contract was to construct a tunnel and other works on ertain land, and the builder was prevented from completing. The judge at first instance held that the measure of damages was the amount which the plaintiff builder had lost by exclusion from the works before their completion and not the value of the work done by the plaintiff whether at the market price or at the contract price. This was reversed on appeal the proper measure held to be the actual value of the work and materials, the issue of profit or loss upon completion being immaterial, (see MacGregor on Damages at para 1155).” [20] Thus, when the plaintiff had taken the position to proceed with assessment of damages based on the available evidence tendered during trial, which must be presumed to have been taken into consideration by the trial Judge before making an order that assessment of damages to be made on quantum meruit basis, it must follow that in the absence of any new evidence produced, there S/N skZzu7xh0mHygP/tvYnAQ was indeed no additional work done by the Plaintiff other than those disclosed during trial. [21] In view thereof, it is my finding that amount RM2.8 Million paid by the Defendant to the Plaintiff would not only be sufficient but slightly extra to cover the costs and expenses made by the Plaintiff for all the works done under the Business Contract either pre or post termination amounting to a total sum of RM 2,791,764.24. [22] Further, it is also apparent from the documents produced during trial that there is no reference at all to suggest that the plaintiff has the right to forfeit or retain the so-called deposit of RM2.8 Million in case of any default committed by the Defendant. [23] Based on the foregoing reasons, I did not allow any sum to the Plaintiff for the purpose of the assessment of damages. I also ordered for costs of RM8,000.00 for the assessment proceeding to be paid by the Plaintiff to the Defendant with usual deduction for allocator fee. [24] For the removal of any doubt, the said costs however must be treated as separate and distinct from the costs awarded by the trial Judge to the Plaintiff for the main suit which, unless agreed, shall be taxed. Dated: 14th JANUARY 2025 …………………………………………. (NOOR HISHAM BIN ISMAIL) Judge High Court, Johor Bahru S/N skZzu7xh0mHygP/tvYnAQ Counsels: Counsel for Plaintiff Mr R Jayabalan together with Christopher Tan Yee Kai and Mr Shameelan (PDK) Messrs R Jayabalan Johor Bahru Counsel for Defendant Mr SY Liew together Ms Denise Choo Messrs Shearn Delamore & Co. Kuala Lumpur Cases referred to: