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2022 MarsdenLR 610

COURT OF APPEAL PUTRAJAYA
RAHAYA SALLEH – Appellant
Versus
NIK MOHD GHAZALI NIK ZUL AZHAR & ORS AND ANOTHER APPEAL – Respondent


Petitioner Advocates:M Visvanathan,R Karnan,V Sanjay Nathan ,Respondent Advocate: Andi Razalijaya A Dadi,Azizan Md Arshad,Mohd Ashraf Abd Hamid

JUDGMENT

Ahmad Nasfy Yasin JCA:

Introduction

[1] These two (2) appeals were heard together, namely, No: A-01(NCVC)(W)- 463-09-2019 ("Appeal No 463") and A-01(NCVC)(W)-71-02-2020 ("Appeal No 71"). Both are interconnected and share common facts, issues, parties and are against the decision delivered by the learned Judicial Commissioner ("learned JC") in the High Court of Malaya in Ipoh, Perak on 13 August 2019.

[2] In Appeal No 463, the plaintiff appealed against a portion of the following decision:

(a) Dependency claims pursuant to s 7 of the Civil Law Act 1956;

(b) Claim for special damages as per Plaintiff's Statement of Claim ("SOC");

(c) Claim for exemplary and aggravated damages; and

(d) Amount of costs awarded to the plaintiff.

[3] In Appeal No 71, the defendants appealed against the finding of liability.

[4] For the purpose of these appeals, parties will be referred to as they were in the High Court.

[5] We heard the appeal and after giving our most anxious and meticulous consideration to the facts and the submissions from the learned counsel for the plaintiff as well as the learned Senior Federal Counsel ("SFC") for the defendants, we are satisfied that there are appealable errors in

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