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HIGH COURT MALAYA PULAU PINANG
CHIN MIN HUA & ORS – Appellant
Versus
EAGAIVALLINAYAGI AMMAL – Respondent
| Table of Content |
|---|
| 1. case history and procedural intricacies. (Para 2 , 4 , 6 , 8 , 9) |
| 2. fundamental principles governing damage awards. (Para 25 , 34 , 35) |
| 3. claims for legal fees and loss of opportunity. (Para 26 , 56 , 61 , 70) |
| 4. arguments regarding the discounting of damages. (Para 74 , 79 , 86) |
| 5. final assessment of total damages awarded. (Para 105) |
Prelusion
[1] This case demonstrates the perseverance of a defendant-litigant.
[2] The Plaintiffs sued the Defendant in 2009 (14 years ago). The Plaintiffs sought reliefs and remedies that included an Order for the specific performance of a contract for the sale and purchase of the Defendant's land, an Order that the Defendant transfers the land to them, and for damages.
[3] The Defendant counterclaimed to have the Plaintiffs' caveat on the land removed, and for damages.
[4] After the first High Court (HC) trial, the Plaintiffs won. The Defendant appealed to the Court Of Appeal (CA), in an endeavour to get her land back. The CA allowed her Appeal, set aside the HC Judgment and ordered a re-trial.
[5] The Plaintiffs applied for and obtained leave to appeal to the Federal Court (FC). The FC dismissed the Plaintiffs' Appea
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