Lee Heng Cheong JCA:

Introduction

[1] This is an appeal by the appellant/plaintiff against the learned High Court Judge's ("the learned HCJ") decision which made no award for damages and no order for costs after the hearing of the appellant's application for assessment of damages based on wrongful entry of caveats against two pieces of land ("the lands") by the respondent/defendant.

[2] For ease of reference, parties will be referred to as they were in the proceedings before the High Court.

The Salient Facts

[3] Pursuant to the order of the High Court made on 12 March 2018, removing the defendant's caveat wrongfully lodged on the plaintiff's lands, the plaintiff filed this originating summons for assessment of damages against the defendant which was conducted by the learned HCJ on 23 August 2018.

[4] During the hearing of the plaintiff's assessment of damages, the plaintiff called only one witness namely Mr Goh Yong Meng (PW1) whereas the defendant elected not to call any witness.

[5] It is undisputed that through Mr Goh Yong Meng's (PW1) evidence, the plaintiff only sought to recover the total legal fees and disbursements of RM70,000 incurred by it and paid to its advocates and s