JUDGMENT

Mohd Sofian Abdul Razak JCA:

Introduction

[1] This is the appellant/plaintiff's appeal against the decision of the High Court in dismissing the appellant/plaintiff's claim against the 2nd defendant with no order as to costs.

[2] For ease of reference, parties shall be referred to as they were in the proceedings before the High Court namely the appellant as plaintiff and the respondent as the defendant.

[3] Having considered the appeal records and the submissions of the parties in the appeal, it is our unanimous decision that the appeal is allowed with no order as to costs. We now give our reasons for the same.

Background Facts

[4] The plaintiff and the 1st defendant are father and son. They worked together and ran what is known today as the Konkasaki Group. The 1st defendant worked as the Office Manager and was appointed Directors in several companies in the Konkasaki Group. The 2nd defendant was also given shares in the companies in the Konkasaki Group.

[5] Due to some misunderstanding they both agreed to amicably part ways. It all started in early 2005 when the 1st defendant allegedly assaulted the plaintiff over a heated argument with his wife (the mother of the 1st defendant).