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2025 MarsdenLR 2220

HIGH COURT MALAYA KUALA LUMPUR
TAN SIEW HOOI & ANOR – Appellant
Versus
LIM LAY SOO & ORS – Respondent


Petitioner Advocates:Amarjeet Singh Mehar Singh,Avtar Singh Prem Singh,Chanravathane S Ponnudurai ,Respondent Advocate: Wong Hok Mun,Eng Kar Wei

Table of Content
1. initiation of damage assessment (Para 1 , 2 , 3 , 4 , 5 , 6)
2. judgment on damages awarded (Para 7 , 8)
3. computation of damages for properties (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
4. requirement for plaintiffs to prove damages (Para 18 , 19 , 20)
5. consideration of aggravated damages and costs (Para 21 , 22 , 23 , 24 , 25 , 26 , 27)
Su Tiang Joo J:

Assessment Of Damages After Full Trial

(Enclosure 418)

Introduction

[1] In a suit grounded on fraudulent misrepresentation, after trial, the learned trial judge ("LTJ") on 14 June 2024 granted judgment (Encl 346) as prayed in the Statement of Claim of the plaintiffs and dismissed the Counterclaim of the 1st Defendant against the plaintiffs.

[2] Following therefrom the plaintiffs gave notice (Encl 418) dated 26 February 2025 for the damages awarded to them to be assessed.

[3] During a case management held on 21 March 2025, both the plaintiffs and the defendants agreed to have the assessment of damages carried out by way of evidence led in the form of an exchange of affidavits, bundle of pleadings (Encl 384), the bundle of documents entitled Ikatan Dokumen Tambahan P (Encl 422) comprising witness statements of the p

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