JUDGMENT

S Nantha Balan JCA:

Introduction

[1] This is an appeal against the decision of the Learned Judge of the High Court (after a full trial) in Kuala Lumpur High Court Suit No: WA-22NCvC-120-03-2017 ("Suit 120"). The appellant in this appeal is Fanuc Sdn Bhd (plaintiff in Suit 120). The 1st respondent is Adenland (Cheras) Sdn Bhd (1st defendant) and the 2nd respondent is Prestasi Infra Bina Sdn Bhd (2nd defendant). For convenience, consistency, and to avoid confusion, we shall refer to the appellant, the 1st respondent and 2nd respondent as plaintiff, D1 and D2, respectively.

[2] On 6 March 2017, the plaintiff filed Suit 120 against D1 and D2 based on causes of action in negligence and trespass. D2 did not defend the action. Likewise, D2 (qua 2nd respondent in this appeal) did not respond to this appeal. By a decision dated 19 June 2019, the Judge dismissed the plaintiff's claim against D2 with costs of RM80,000.00. The Judge allowed the plaintiff's claim against D2, and ordered D2 to pay RM80,841.78 as special damages, and RM500,000.00 as general damages with 5% interest per annum from the date of filing of the action to the date of full realisation, and costs of RM40,000.00. The