JUDGMENT

Liza Chan Sow Keng JC:

Introduction

[1] Pursuant to the Plaintiffs' application in Enclosure ("Encl") 203, I had assessed damages at sum of RM225,477.73. These are the reasons for my decision.

Background

[2] Owing to the non-compliance of the discovery order made on 25 August 2021, an "Unless Order' in the terms as contained in Encl 176 was made on 21 September 2021 against the 1st Defendant's representative to be complied with by 30 September 2021. The disobedience of the "Unless Order "resulted in judgment being entered on 18 October 2021 against the 1st Defendant on terms as follows:

(i) That the Order obtained on 21 May 2019 by the 1st Defendant in Kuala Lumpur High Court Originating Summons No WA-24NCC-134-03/2019 is declared to have been obtained by fraud and/or dishonesty by the 1st Defendant;

(ii) That the Order obtained on 21 May 2019 by the 1st Defendant in Kuala Lumpur High Court Originating Summons No WA-24NCC-131-03/2019 is impeached and set aside in totality and High Court Originating Summons No. WA-24NCC131-03/2019 is struck off and/or set aside in totality;

(iii) The 1st Defendant's action of filing the High Court Originating Summons No WA24NCC-131-03/2019 amounts