HIGH COURT (SEREMBAN)
AZIZUL AZMI ADNAN J
APPEAL NOS NA-12BNCC-3-07 OF 2022, NA-12BNCC-4-07 OF 2022 AND NA-12BNCC-5-07 OF 2022
23 May 2023
GROUNDS OF JUDGMENTINTRODUCTION
[1] The appellant in this case, Budaya YNS Sdn Bhd, was the defendant in the court below. The respondents and the plaintiffs at first instance, Rembau Galian Sdn Bhd, Permata Ketara Sdn Bhd and Rembau Galian had entered into Sand Excavation Agreements with the appellant dated 7 May 2013, 31 May 2013 and 24 June 2013 respectively.
[2] In this judgment, the parties are referred to as they were before the court below.
[3] The plaintiffs sued the defendant in three separate suits at the Sessions Court for breach of the Sand Excavation Agreements. The plaintiffs claimed for the return of deposits sums of RM200,000 that they had each paid to the defendant. In addition, they claimed for loss of profits arising from the contended breach by the defendant of the Agreements. The three suits were heard together at the Sessions Court.
[4] After a full trial of the actions, the Sessions Court allowed the plaintiff’s claim in part only, for the return of the deposit amounts. The claim for loss of profit was dismissed. The defendant has now appealed against this decision