JUDGMENT

Choong Yeow Choy J:

Introduction

[1] This decision pertains to encl 93, which is a Notice of Assessment filed pursuant to O 37 of the Rules of 2012. It arises from an Order of the Court of Appeal dated 10 May 2024, by which the Court remitted the matter to this Court for the assessment of damages following the appeal in Suit No. BA-22NCvC-14-01/2022 ("Suit 14").

[2] The appeal was brought against a decision of the High Court at Shah Alam (before a different Court and judge), which had dismissed the plaintiff's claim against both the 1st and 2nd Defendants, with costs. The Court of Appeal allowed the plaintiff's appeal, set aside the High Court 's decision, and directed that the matter be remitted to this Court solely for the purpose of assessing damages.

[3] Significantly, the Court of Appeal found the 1st Defendant liable to the plaintiff for breach of fiduciary duty, fraud, and negligence, and awarded costs of RM50,000.00, with damages to be assessed by this Court .

[4] The 2nd defendant was found liable in negligence only. The Court awarded costs of RM30,000.00 against the 2nd defendant, and likewise directed that damages be assessed.

The Pertinent Issues