JUDGMENT

Wong Kian Kheong JCA:

A. Introduction

[1] This appeal to the Court of Appeal (This Appeal) arose from a tragedy that befell Mr Qi Xiangqing (Deceased), a 22 year old male citizen of the People's Republic of China (PRC).

[2] The Deceased was a tourist in Malaysia and stayed in a "Five Star" hotel, Sunway Putra Hotel Kuala Lumpur (Hotel). Sadly, the Deceased drowned in the Hotel's swimming pool (Pool) which was open to all the guests of the Hotel.

B. Background

[3] In this judgment, we shall refer to the parties as they were in the Sessions Court.

[4] The plaintiffs (Plaintiffs) are the parents of the Deceased.

[5] On 14 February 2017-

(1) the Deceased checked into the Hotel owned by the defendant company (Defendant); and

(2) after checking into the Hotel, the Deceased swam in the Pool where he drowned (Incident).

C. Proceedings In Sessions Court And High Court