JUDGMENT

Che Mohd Ruzima Ghazali JCA:

Introduction

[1] This appeal emanated from the decision of the learned High Court Judge (LHCJ) at Kuala Lumpur High Court dismissing the appellants'/the plaintiffs' claim against the respondent/the defendant premised on the tort of nuisance, both public and private, and for breach of personal data law. The relief sought by the appellants/the plaintiffs are inter alia for declarations, injunctions, specific orders and damages.

[2] For ease of reference, parties will be identified as in the trial Court, the plaintiffs and the defendant.

Brief Background Facts

[3] The 1st plaintiff is a registered proprietor of a house at No 73 Jalan Limau Manis, Bangsar Park, Kuala Lumpur (the said Property). The 2nd plaintiff is the tenant of the said Property. The defendant is a Resident Association registered under Society Act 1966 who managed the Guarded Neighbourhood (GN) scheme and represents the residents of Bangsar Park. The defendant then brought in Dewan Bandaraya and Datuk Bandar Kuala Lumpur as the third party.

[4] On or about 2 January 2017, the defendant had set up the GN scheme which comprises a security posts and automatic gates on Lorong Limau Manis 1 a