JUDGMENT

(Appeal Against Sessions Court's Summary Judgment)

Wong Kian Kheong J:

Background

[1] This judgment will refer to the parties as they appear in the Sessions Court (SC).

[2] The plaintiff company (Plaintiff) provides engineering consultancy services.

[3] The defendant company (Defendant) is the main consultant for the construction of a road from Nilai-Labu to "Bandar Enstek/KLIA" (Project).

[4] The Project required, among others, two bridges (Bridges) to be built over railway tracks on land belonging to Railway Assets Corporation Bhd (RAC).

[5] The Plaintiff sent a letter dated 8 September 2016 to the Defendant [Plaintiff's Letter (8 September 2016) ] which stated, among others, as follows:

(1) the scope of work (Services) "shall" be, among others, the design of the Bridges for the purpose of application to Keretapi Tanah Melayu Bhd (KTMB) and RAC for "wayleave" approval from KTMB and RAC (Wayleave Approval); and

(2) the professional fee for the design of the Bridges "shall" be RM1,500,000.00 (Fee).

[6] The Defendant replied to the Plaintiff's Letter (8 September 2016) in a letter dated 26 January 2017 [Defendant's Letter (26 January 2017)]. According to the Defendant's Letter (26 Jan