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2022 MarsdenLR 1190

HIGH COURT MALAYA KUALA LUMPUR
BIG JUNKYARD SDN BHD & ANOR – Appellant
Versus
CHAN KAH WAI – Respondent


Petitioner Advocates:Ee Yen Chin ,Respondent Advocate: Stephen Lee Ming

JUDGMENT

Amarjeet Singh Serjit Singh J:

Introduction

[1] The parties are referred to as they were in the court below. The matter came before me as an appeal, after a full trial, by Big Junkyard Sdn Bhd and Chong Kok Sing ("the 1st defendant" and "2nd defendant" respectively) against the decision of the learned Sessions court Judge who had allowed Chan Kah Wai's ("the plaintiff') claim and granted the following reliefs:

(i) a declaration that the Sub Tenancy Agreement dated 24 September 2019 executed by the plaintiff and the 1st defendant is invalid and rescinded ab initio;

(ii) an order for restitution by the defendants, jointly or severally, to the plaintiff for the sum of RM89,371.50;

(iii) the defendants jointly and severally pay the plaintiff RM50,000.00 globally as general damages,. aggravated damages and exemplary damaged; and

(iv) the defendants jointly and severally pay the plaintiff RM10,000.00 as costs.

[2] On 19 August 2022, I allowed the defendants' appeal in part as follows: (a) reducing the order of restitution to RM69,371.50; (b) setting aside the RM50,000.00 ordered to be paid to the plaintiff as global damages for genera! damages, aggravated damages and exemplary damaged


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