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2021 MarsdenLR 1861

HIGH COURT SABAH SARAWAK KOTA KINABALU
SEPANGGAR JAYA JV SDN BHD – Appellant
Versus
UNIVERSITI MALAYSIA SABAH (ENCL 66) – Respondent


Petitioner Advocates:Marina Tiu ,Respondent Advocate: Lau Cheng Hoon

JUDGMENT

Wong Siong Tung JC:

Applications Before The Court

[1] There are two applications by the Plaintiff for determination of this Court.

[2] The first is a Notice of Application dated 12 March 2020 (Encl 66) taken out by the Plaintiff for an order for certain provisions to be made to compel compliance with or enforcement of a Consent Order entered between the Plaintiff and the Defendant on 30 March 2016.

[3] The second is a Notice of Application dated 24 September 2020 (Encl 81) taken out by the Plaintiff to amend prayers in the said Notice of Application (Encl 66).

[4] I will deal with the details of the nature of the two applications of the Plaintiff at the later part of this judgment.

Brief Background Facts

[5] The Defendant is University. In 2001, the Plaintiff and Defendant entered into a Concession Agreement dated 15 November 2001.

[6] By that Concession Agreement, the Plaintiff agreed at the Plaintiff's own costs, to design, construct and complete for the Defendant, hostels and accommodation on the Defendant's land for the use of the university staffs and students. In consideration thereof, the Plaintiff was authorised to operate and manage the hostel and accommodation for which t


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