Indra Nehru Savandiah J:

Introduction

[1] Both the 1st and the 2nd Defendants submitted their respective applications, encl 99 and encl 101, for the assessment of damages claimed to have been incurred due to the plaintiff's injunction, which the Court of Appeal subsequently overturned on 22 May 2023.

[2] Their application was dismissed with costs; consequently, the appeal was lodged.

Salient Facts Of The Case

[3] The 1st and 2nd Defendants entered into a joint venture agreement, whereby the 2nd defendant was to develop a parcel of land held under GRN 23940, Lot 613, Mukim Ulu Semenyih, Daerah Ulu Langat, Selangor Darul Ehsan. It was a mixed development comprising, among others, landed residential and commercial shop units, as well as high-rise strata developments.

[4] The plaintiff obtained ad interim injunction orders dated 11 September 2019, 30 September 2019, and 14 October 2019, prohibiting the 1st and 2nd Defendants from taking any actions related to the joint venture agreement or engaging in transactions involving the specified parcel of land. Ultimately, the plaintiff succeeded in its application for an injunction on 27 May 2022.

[5] On 22 May 2023, the Court of Appeal