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2019 MarsdenLR 1246

COURT OF APPEAL PUTRAJAYA
YAP BOON HWA – Appellant
Versus
KEE WAH SOONG – Respondent


Petitioner Advocates:Rajasundram Ponnusami,Kamala Saraswathy Kathirravellu ,Respondent Advocate: Avinder Singh Gill

Table of Content
1. overview of the appeal and damages awarded related to fraudulent misrepresentation. (Para 1 , 2)

[1] The Appeal before us is by the appellant/2nd plaintiff against the decision of the learned High Court Judge dated 26 April 2018 in assessment of damages in favour of the respondent/defendant in the sum of RM373,613.75 as damages for fraudulent misrepresentation committed by the appellant/2nd plaintiff on the respondent/defendant.

[2] After considering the written and oral submissions of parties, unanimously we allowed the appeal in part. We allowed damages to the respondent/defendant, in the form of the claim for legal fees incurred in defending the action of fraudulent misrepresentation. The respondent/defendant is therefore entitled to the following (refer to grounds of judgment of the learned High Court Judge at RR Jilid 1 pp 31-32):

a) RM600.00 for item 7, witness fees;

b) RM54,855.35 for items 9-15 (refer to p 32 of the grounds of learned High Court Judge. We were told that item 10 has a mistake in the dates, namely "3 March 2013" should read "3 March 2016").

Therefore we allowed the sum of RM600.00 + RM54,855.35 as damages that is due to the defendant.

We set asid

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