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SK M&E BERSEKUTU SDN BHD v. PEMBINAAN LEGENDA UNGGUL SDN BHD & ANOTHER APPEAL
Federal Court, Putrajaya
Richard Malanjum CJ, Ahmad Maarop PCA, Azahar Mohamed, Rohana Yusuf, Mohd Zawawi Salleh FCJJ
[Civil Appeal Nos: 02(f)-130-n-2017(W) & 02(f)-131-11-2017(W)]
12 March 2019
[2019] 2 MLRA 511

JUDGMENT

Richard Malanjum CJ:

Introduction

[1] The present appeals arise out of common issues of law in relation to actions brought by two different plaintiffs against the same defendant. The cases related to these appeals were heard together before the first instance court and the Court of Appeal. Each court rendered one judgment respectively. Thus, the appeals before us are Appeal No 130 and Appeal No 131 again heard together due to the common issues of law involved.

Appeal No 130

[2] The appellant in Appeal No: 130 (plaintiff at the High Court) was the respondent's (defendant at the High Court) sub-contractor for a mixed development project in Sungai Buloh, Selangor for the sum of RM9,789,815.00. Pursuant to cl 16.3 of the subcontract between the parties, a sum of RM489,490.75 was retained by the respondent as retention monies. The retention monies were to be released by the respondent to the appellant in two tranches: firstly, upon the issuance of the Certificate of Practical Completion ("CPC") of the Main Contract and secondly, upon the expiry of the Defect Liability Period ("DLP").

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
16/4-157/15
27 April 2016 [+]
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