JUDGMENT

Ahmad Nasfy Yasin JCA:

Introduction

[1] This is an appeal by the appellant against the decision of the learned Judicial Commissioner ("Learned JC"), in respect of the followings:

(i) Dissatisfied with the nominal damages awarded against the 1st respondent; and

(ii) Dismissing the appellant's claim against the 2nd and 3rd respondent. Whilst the 1st respondent by way of cross-appeal seeking leave to vary the learned JC's decision that she had to bear costs of the 2nd and 3rd respondents.

[2] We heard the appeal and after giving our most anxious and meticulous consideration on the submissions from the appellant's counsel as well as the counsel for the respondents and after careful perusal of the Record of Appeal, we are satisfied that there are merits in the appeal warranting appellate intervention. Hence, we unanimously allowed the appeal. The following are our grounds in arriving at the decision.

Background Facts

[3] The appellant is a company incorporated in Malaysia. The 1st respondentis an advocate & solicitor of the High Court of Malaya, practising as a soleproprietor. The 2nd and 3rd respondents, are also advocates and solicitors, who were partners of a legal firm, named in th