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2019 MarsdenLR 2412

COURT OF APPEAL PUTRAJAYA
MACVILLA SDN BHD – Appellant
Versus
MERVYN PETER GUAN YIN HUI & ANOR – Respondent


Petitioner Advocates:Cheyenne Chan Pui See,Vanessa Yap Yoong Wei ,Respondent Advocate: Kung Khai Hang,Freddy Lim

[1] There were 7 appeals filed by the same appellant which were fixed before us for hearing on 12 July 2019. We heard all parties. All parties agreed that it will be sufficient to deal with appeal No W-01(A)-218-03/2018 (218) and they will be bound by the decision of this court in relation to the other appeals.

[2] The 7 appeals are as follows: (a) W-01(A)-218-03/2018; (b) W-01(A)- 219-03/2018; (c) W-01(A)-220-03/2018; (d) W-01(A)-221-03/2018; (e) W- 01(A)-222-03/2018; (f) W-01(A)-223-03/2018; (g) W-01(A)-224-03/2018.

Background Of The Appeal

[3] The appellant is a developer and the appeal is related to the award of the Tribunal of Homebuyers Claims. It is crucial to note that the appellant was relying on three decisions of the Federal court, namely: (a) Selva Kumar a/l Murugiah v. Thiagarajah a/l Retnasamy , 1995 MarsdenLR 736 ; (b) Johor Coastal Development Sdn Bhd v. Constrajaya Sdn Bhd , 2009 MarsdenLR 985 ; (c) Cubic Electronics Sdn Bhd (In Liquidation) v. Mars Telecommunications Sdn Bhd, [2019] 2 CLJ 723 (Three cases); to assert inter alia that the respondents claim ought to have been dismissed as they have failed to prove damages. Our preliminary view is that all the Three c

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