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, N