JUDGMENT

Aliza Sulaiman J:

Introduction

[1] This suit involves a claim by the Plaintiffs for amounts purportedly owed by the Defendant to them for the construction works carried out and services rendered and goods delivered for the construction of the Defendant's shop cum office located in Kuala Lumpur.

[2] The Defendant counterclaimed for declaratory and monetary reliefs, among others, that the Plaintiffs' claim amounts to an abuse of the process of the Court and damages for loss of earning capacity, abuse of the process of the Court and breach of contract or negligence.

[3] In the course of the Court proceedings, the Defendant issued a Third- Party Notice seeking indemnity against the Third Party in the event judgment is entered against the Defendant for any sum.

[4] Upon consideration of the pleadings, the oral and documentary evidence and the submissions of the parties, I had dismissed the Plaintiffs' claim against the Defendant and allowed the Defendant's counterclaim against the Plaintiffs in part whereby the Plaintiffs are to jointly and severally pay the Defendant the sum of RM351,000.00 as late penalty with interest at the rate of 5% per annum from the date of judgment unt