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2023 MarsdenLR 715

HIGH COURT MALAYA KUALA LUMPUR
TOH SHU HUA & ORS – Appellant
Versus
WAWASAN RAJAWALI SDN BHD & ANOR – Respondent


Table of Content
1. claim overview and grievances of the plaintiffs. (Para 1 , 3 , 4 , 5)
2. identifying damages and misrepresentation issues. (Para 6 , 11 , 12 , 21)
3. contractual obligations and statutory compliance. (Para 7 , 8 , 9)
4. assessment of liability and plaintiffs' entitlements. (Para 39 , 41)
Akhtar Tahir J:

Introduction

[1] This is a claim brought by 122 Plaintiff's as a representative action against the Defendants for purchases of apartment in a project known as Eclipse Residence ("the project") which was developed by the 1st Defendant with the 2nd Defendant being the parent company of the 1st Defendant.

[2] This matter went for a full trial whereby both parties relied on oral testimony of witnesses, documentary evidence which were contained in the Joint Bundle of Documents as well as a report prepared in pursuance of a site visit directed by the Court.

A Summary Of The Evidence Adduced

[3] While there was no dispute that the Plaintiffs were the purchasers of the project developed by the 1st Defendant there were a number of grievances by the Plaintiffs against the Defendants which can be summarized from the totality of the evidence adduced.

[4] The grievances of the Plaintiff

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