[1] The appeal before us was against the decision of the learned Judicial Commissioner in the Pulau Pinang High Court given on 9 September 2016 allowing the plaintiff's claim against the 2nd defendant. We had, after perusing the records of appeal as well as considering the written and oral submissions of learned counsel unanimously allowed the appeal with no order as to costs. We set aside the High Court and ordered that the deposit to be refunded to the appellant. We now give our reasons for the decision.