JUDGMENT

Azizah Nawawi JCA:

Introduction

[1] This is an appeal against the decision of the High Court dated 21 July 2017, which had allowed the respondents' claim for damages premised on a breach of contract.

[2] Having considered the appeal records and the submissions of the parties, this Court had allowed the appeal with costs. Our decision was unanimous and these are our grounds for allowing the appeal. For ease of reference, parties will be referred to as they were in the High Court.

The Salient Facts

[3] The 1st plaintiff, NS Water Konsortium ("NSWK") is a company registered in Malaysia with its registered address at Wisma Goshen, Petaling Jaya, Selangor Darul Ehsan.

[4] The 2nd plaintiff is a Malaysian citizen of full age and residing in Taman Bukit Tembok, Seremban, Negeri Sembilan Darul Khusus. The 2nd plaintiff was a director of the 1st, 4th and 5th plaintiff companies. The 2nd plaintiff is an undischarged bankrupt.

[5] The 3rd plaintiff is a Malaysian citizen of full age and residing in Petaling Jaya, Selangor Darul Ehsan and had since passed away. The 3rd plaintiff was a director of the 1st, 4th and 5th plaintiff companies. The 3rd plaintiff 's claim against the defendants had b