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2021 MarsdenLR 2739

COURT OF APPEAL PUTRAJAYA
KHALEK AWANG & ANOR – Appellant
Versus
KOPERASI PERUMAHAN KLUANG BERHAD & ANOTHER CASE (RAVINTHRAN PARAMAGURU) – Respondent


Petitioner Advocates:Alan Wong Teck Wei,Nurul Azureen Ahsin ,Respondent Advocate: Krishnan Narayanan Nair,Nanthini Nair Ramakrishna

JUDGMENT

Ravinthran Paramaguru JCA:

Introduction

[1] There are two appeals before us. Both appeals originate from the High Court after a full trial. We shall refer to the parties by their original titles of plaintiff and defendants. In appeal C-02 (NCVC)(W)-554-03-2019, the 2nd and 3rd defendants have appealed against the decision of the High Court which found them liable. In appeal C-02 (NCVC)(W)-555-03-2019, the successful plaintiff has appealed against the refusal of the High Court to award all the damages prayed in the statement of claim.

Case For The Plaintiff

[2] Briefly stated, the background facts of the claim are as follows. The plaintiff is a registered cooperative body. The first defendant is an individual. He did not defend the action and judgment in default was entered against him before the trial. In the judgment of the trial judge, he was referred to as "DSN" which stands for "Dato' Seri Nazrul". We shall refer to him likewise. The 2nd and 3rd defendants are partners of the law firm of Tetuan Khalek Awang & Associates which is based in Kuala Lumpur. We shall refer to them collectively as the defendants where necessary. The facts underlying the claim of the plaintiff as su

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