Background

[1] The parties will be referred to as they were at the Sessions Court for ease of reference, as there were 2 notices of appeal filed separately to the High Court by the Plaintiff and Defendants against the whole decision of the Sessions Court in Taiping on 9 March 2022 that had allowed the Plaintiff's claim but apportioned liability at 80% to the Plaintiff and 20% to the Defendants. Appeal No AB-12BNCvC-4-03/2022 was filed by the Plaintiff on 17 March 2022 whereas Appeal No AB-12BNCvC-6-03/2022 was filed by the Defendants on 23 March 2022. By a Court order dated 7 February 2023 the 2 appeals were ordered to be heard together. The hearing of the appeals was fixed on 27 April 2023.

[2] The Plaintiffs solicitor then filed a letter dated 21 March 2023 in respect of Appeal No AB-12BNCvC-6-03/2022 giving notice of a Preliminary Objection (PO)