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2025 MarsdenLR 988

HIGH COURT MALAYA KUALA LUMPUR
BANK KERJASAMA RAKYAT MALAYSIA BERHAD – Appellant
Versus
SIEMENS MALAYSIA SDN BHD & ANOR – Respondent


JUDGMENT

Mohd Radzi Harun J:

Introduction

[1] The issues to be decided by this Court were mainly as follows:

(i) Whether the Plaintiff is entitled to the total sum due to the Plaintiff pursuant to:

(a) the Form of Notice of Assignment To The Employer/Sponsor (Borang Notis Penyerahan Hak Kepada Majikan/Penaja) dated 30 January 2013 sent by Hisniaga Sdn Bhd to the Defendants and acknowledged and signed by the representatives of the Defendants ("Form of Notice of Assignment 30 January 2013"); and

(b) the Deed of Assignment of Contract Proceed (Surat Ikatan Penyerahan Hak Hasil Kontrak) dated 7 March 2013 signed between the Plaintiff and Hisniaga Sdn Bhd ("Deed of Assignment 7 March 2013");

(ii) If the answer is in the affirmative, whether the amount that the Plaintiff is entitled to the full sum (which the Plaintiff claimed to be RM27,216,580.23 as at 1 November 2016) or that the Plaintiff is entitled to only the balance sum after deducting the amount that the 1st and 2nd Defendants are entitled to claim/set off;

(iii) Whether the Plaintiff is entitled to the Retention Sum accrued to Hisniaga Sdn Bhd still held by the 1st and 2nd Defendants. If the answer is in the affirmative, whether the am

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