S Nantha Balan JCA:

Introduction

[1] There are 2 appeals before us, namely Civil Appeal No B-02(NCVC)(W)-102-01/2023 ("Appeal 102") and Civil Appeal No B-02(NCVC)(W)-112-01/2023 ("Appeal 112"). Both appeals arise from the decision of the learned Judicial Commissioner of the High Court (Shah Alam) dated 21 December 2022 (rendered after a full trial) in Suit No BA-22-NCvC-100-02/2019 ("Suit 100").

[2] The Learned Judicial Commissioner (who has since retired) did not furnish full grounds for her decision. However, the Judicial Commissioner did give broad grounds for her decision. Before us, none of the parties raised any objections as to the absence of the High Court 's full grounds. As such, both appeals proceeded on the basis of the broad grounds as found in the Record of Appeal.

Parties

[3] The Appellant in Appeal 112 (Respondent in Appeal 102) is Telekom Malaysia Berhad ("Plaintiff"). The Appellant in Appeal 102 is Ahmad Faizal bin Ahmad Zamzami (described below as the Sixth Defendant - D6). For completeness, it is necessary to identify all the Defendants in Suit 100. They are;

1. Mohd Shukor Bin Ahmad (No. K/P: 701021-10-6413) (Berniaga Sebagai Triple A Communica