RAHAYA SALLEH v. NIK MOHD GHAZALI NIK ZUL AZHAR & ORS AND ANOTHER APPEAL

[2022] 5 MLRA 280
Court of Appeal, Putrajaya
Yaacob Md Sam, Ahmad Nasfy Yasin, Gunalan Muniandy JJCA
[Civil Appeal Nos: A-01(NCVC)(W)-463-09-2019 & A-01(NCVC)(W)-71-02-2020]
Yaacob Md Sam, Ahmad Nasfy Yasin, Gunalan Muniandy JJCA

JUDGMENT

Ahmad Nasfy Yasin JCA:

Introduction

[1] These two (2) appeals were heard together, namely, No: A-01(NCVC)(W)- 463-09-2019 ("Appeal No 463") and A-01(NCVC)(W)-71-02-2020 ("Appeal No 71"). Both are interconnected and share common facts, issues, parties and are against the decision delivered by the learned Judicial Commissioner ("learned JC") in the High Court of Malaya in Ipoh, Perak on 13 August 2019.

[2] In Appeal No 463, the plaintiff appealed against a portion of the following decision:

(a) Dependency claims pursuant to s 7 of the Civil Law Act 1956;

(b) Claim for special damages as per Plaintiff's Statement of Claim ("SOC");

(c) Claim for exemplary and aggravated damages; and

(d) Amount of costs awarded to the plaintiff.

[3] In Appeal No 71, the defendants appealed against the finding of liability.

[4] For the purpose of these appeals, parties will be referred to as they were in the High Court.

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