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2022 MarsdenLR 1613

HIGH COURT MALAYA KUALA LUMPUR
QI QIAOXIAN & ANOR – Appellant
Versus
SUNWAY PUTRA HOTEL SDN BHD – Respondent


Petitioner Advocates:Loh Chang Woo ,Respondent Advocate: Gan Khong Aik

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] This is an appeal against the decision of the learned Sessions Court Judge at Kuala Lumpur who dismissed the appellants' claim for loss of support under s 7 of the Civil Law Act 1956 after a full trial. The appellants claim to be the parents of one Qi XiangQing ("the deceased") who had tragically drowned in the swimming pool of the respondent's hotel. The deceased was a guest at the hotel and hailed from China.

[2] For convenience the parties in this judgment will be referred to as they were in the Court below and all sections hereinafter mentioned refer to the Civil Law Act 1956 while where rules are referred to they refer to the Rules of 2012.

[3] On 14 June 2022, I dismissed the appeal. This judgment contains the reasons for my decision.

Background

[4] The following evidence is not in dispute. On 7 February 2017, the deceased came to Malaysia. On 14 February 2017 he checked into the defendant's hotel as a paying guest. He was 22 years old and a good swimmer. After checking in, he proceeded to use the swimming pool facility at the hotel and was subsequently found drowned in the said pool. Thirty minutes had lapsed when the dec


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