Nor Bee Ariffin JCA:

The Appeals

[1] After a full trial, the learned Judicial Commissioner (JC) allowed the plaintiffs claim against the defendant for breach of a joint venture agreement and awarded general damages for loss of profits in the sum of RM25,107,560.00 with 5% interest per annum from the date of judgment until full settlement.

[2] Appeal No: J-02(NCVC)(W)-329-02-2018 (Appeal No 329) is the defendant/appellant's appeal against the whole decision of the learned JC.

[3] Appeal No J-02(NCVC)(W)-330-02-2018 (Appeal No 330) is the plaintiff/respondent's appeal against part of the decision of the learned JC that allowed only one-half of the damages claimed by the plaintiff based on the alternative claim of damages.

[4] We heard the two Appeals together. With regard to Appeal No 329, we found no appealable error in the finding of facts and law by the learned JC to warrant our appellate intervention. We unanimously affirmed the decision of the learned JC and dismissed the appeal with costs.

[5] As for Appeal No 330, we were unanimous in our finding that the learned JC fell into error when he deducted the award of RM50,215,120.00 by half. We set aside the decision of the learne