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2025 MarsdenLR 743

HIGH COURT MALAYA KUALA LUMPUR
KWAN KAH KUEN & ANOR – Appellant
Versus
SENTUL RAYA SDN BHD – Respondent


Petitioner Advocates:Reeve Lim Chun Loong,Kayshanteny Maran ,Respondent Advocate: Gregory Das,Leah Marie Samuel

JUDGMENT

Roz Mawar Rozain J:

Introduction

[1] This Court heard this appeal against the decision of the Sessions Court dated 1 December 2023 that dismissed the Plaintiffs/Appellants' claims against the Defendant/Respondent with costs. After considering the submissions and the evidence presented, this Court found no merit in the appeal and hereby dismissed it. Costs of RM10,000.00 was granted to the Respondent.

[2] The Appellants have since lodged an appeal against my decision to the Court of Appeal. These are my grounds for the said decision.

Background Facts

[3] The Appellants are purchasers of a property known as Parcel B165, Level 16, Block B (the Property) under the project "The Fennel at Sentul East." Their claims against the Respondent included allegations of breach of contract, misrepresentation, and defective construction.

[4] The Sessions Court dismissed the Appellants' claims after a full trial spanning 13 days, which involved eight witnesses, including experts from both parties.

Issues For Determination

[5] The primary issues on appeal are:

(a) Whether the Respondent breached the Rebate Letter dated 19 May 2014.

(b) Whether the Respondent's representations amounted to acti


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