JUDGMENT

Aliza Sulaiman J:

Introduction

[1] This is an appeal by the Appellant against the decision of the learned Sessions Court Judge ('SCJ') on 1 June 2021 in:

(a) dismissing the Appellant's claim against the Respondent for a declaration that the defect works have been made good, the sum of RM215,367.58 being the 2nd retention sum with interest there on and costs [as per sub-paragraphs 15(i) - (iv) in the Statement of Claim ('SoC')]; and

(b) allowing the Respondent's counterclaim against the Appellant for the sum of RM1,308,888.00 as liquidated damages ('LD') with interest thereon and costs [as per sub-paragraphs (17)(a) - (c) of the Amended Statement of Defence ('Defence') and Counterclaim ('CC')]. However, as the parties have agreed to the jurisdiction of the Sessions Court, the final judgment allowed was confined to RM1 million inclusive of interest and cost.

[2] The appeal was heard via Zoom video conferencing and having given careful consideration to the Record of Appeal, oral and Written Submissions and clarification by the learned counsels, the Court on 17 March 2022 pronounced the decision that the Appellant's appeal was allowed whereby the Appellant's claim in sub-paragraphs