JUDGMENT

Leong Wai Hong J:

[Assessment Of Damages]

Introduction

[1] The plaintiffs in an assessment of damages against the 3rd defendant have asked for [See encl 448 plaintiffs' Reply Written Submissions para 8.1]:

i. special damages of RM698,850.00;

ii. general damages of RM34,534,644.00;

iii. aggravated damages of RM8,500,000.00; and

iv. exemplary damages of RM10,000,000.00.

[2] I heard counsel on 7 March 2025, 11 April 2025 and 13 June 2025. On 12 August 2025 I had dismissed all the claims with costs of RM10,000.00 subject to allocatur. The plaintiffs have appealed to the Court of Appeal on 28 Augost 2025. These are my Grounds of Decision.

Facts

Consent Judgment

[3] Parties at a trial had entered into a consent judgment dated 03 March 2022 [Enclosure 343] ["Consent Judgment"]. The Consent Judgment reads:

(a) a declaration against the 3rd defendant that she has breached her fiduciary duties to the 1st and 2nd Plaintiff;

(b) a declaration that the disposal of the lands bearing the postal address of Lot 10162 & 10163, Kawasan Perindustrian 1, Sri Manjung, 32040, Perak and held under Pajakan Negeri 130505, Lot 26132 and Pajakan Negeri 130506, Lot 26133, both in Mukim Sitiawan, Daerah Manjung, Negeri Perak ("said Lot 10162 & 10163") together with the building erected thereon to the 5th Defendant is null and void and that the 5th Defendant is holding the lands as a constructive trustee of the 1st plaintiff;

(c) an order to compel the 5th Defendant and its officers to take all necessary steps (including signing all necessary forms) to transfer ownership of the said Lot 10162 & 10163 to the 1st plaintiff within 7 months from the date of judgment (or within 4 days after service of the judgment) at its own cost (including the payment of stamp duty, if any) with liberty to apply;

(d) in the alternative to (c) above, an order to allow the Registrar of the High Court to sign all necessary documents to effect transfer of ownership of the said Lot 10162 & 10163 to the 1st plaintiff within 7 months from the date of judgment with any cost of transfer (including the payment of stamp duty, if any) to be borne in full by the 5th Defendant with liberty to apply;

(e) an order to compel the 5th Defendant to take all necessary steps forthwith, including full payment of any loans to the relevant financial institution/bank and any other cost in relation thereto, to ensure that any charge is discharged 1 month prior to the transfer of ownership of the said Lot 10162 & 10163 to the 1st plaintiff;

(f) a declaration that the 3rd defendant is holding her shares in the 6th - 9th defendants as a constructive trustee of the 2nd plaintiff and the 2nd plaintiff acknowledges that no sums are payable for the said shares;

(g) a declaration that the 4th defendant is holding his shares in the 7th - 9th defendants as a constructive trustee of the 2nd plaintiff and the 2nd plaintiff acknowledges that no sums are payable for the said shares;

(h) an order to compel the 3rd defendant to take all necessary steps (including signing all necessary forms) to transfer the 3rd defendant's shares in the 6th - 9th defendants to the 2nd plaintiff within 14 days from the date of judgment (or within 4 days after service of the judgment) at the 3rd defendant's own cost (including the payment of stamp duty, if any) with liberty to apply;

(i) in the alternative to (h) above, an order to allow the Registrar of the High Court to sign all necessary documents to effect transfer of ownership from the 3rd defendant to the 2nd plaintiff with regard to the 3rd defendant's shares in the 6th - 9th defendants within 14 days from the date of judgment with any costs of transfer (including the payment of stamp duty, if any) to be borne in full by the 3rd defendant with liberty to apply;

(j) an order to compel the 4th defendant to take all necessary steps (including signing all necessary forms) to transfer the 4th defendant's shares in the 7th - 9th defendants to the 2nd plaintiff within 14 days from the date of j