[1] This is an appeal against the decision of the High Court after full trial where the learned trial judge dismissed the appellants' claim for loss of use of a Mercedes Benz car model 350-L-V200 No. WMK 7337 ("the Car") and damages with costs of RM35,000.00 to the 1st defendant/1st respondent and RM35,000.00 to the 2nd and 3rd defendants/respondents.

[2] After giving due consideration to the respective submissions by the appellants and the respondents, we unanimously allowed the appeal with costs of RM100,000.00 here and below. We set aside the decision of the High Court and made an order that damages be assessed by the Senior Assistant Registrar of the High Court of Penang, and the deposit be refunded to the appellants. We now give our reasons.