Suriyadi JCA

(delivering judgment of the court)

[1]The appeal was unanimously allowed with costs here and below. We found the second, third and fourth defendants (‘the respondents’) vicariously liable, jointly and severally, and ordered the sum of RM100,000 ordered by the learned judge of the High Court against the first defendant to remain unvaried. The deposit, was also refunded to the plaintiff (‘the appellant’).

[2]The appeal came about as the appellant had filed an action against the first defendant and the three respondents. The appellant’s claim for, inter alia, general, aggravated and exemplary damages, was allowed in the above sum of RM100,000 solely against the first defendant, but not against the respondents. Being dissatisfied, the appellant filed an appeal as against the unsuccessful litigation against the respondents. There was no appeal filed by the first defendant regarding the sum of RM100,000 against him or for that matter by the respondents. It was on account of wanting to avoid any confusion of the respective relevant parties that we deliberately referred to the respective parties as the appellant, first defendant, and respondents (the second, third and fourth def