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2021 MarsdenLR 1603

HIGH COURT MALAYA SHAH ALAM
SYARIKAT PEMBINAAN ANGGERIK SDN BHD – Appellant
Versus
MALAYSIA AIRPORTS HOLDINGS BERHAD – Respondent


Petitioner Advocates:Mahathir Abdullah ,Respondent Advocate: Loshini Ramasamy,Eric Gomez

JUDGMENT

Tee Geok Hock JC:

(After Full Trial)

Introduction

[1] Projects on construction or upgrading of airports seem to be fertile grounds for numerous claims and disputes which take up much of the courts' time and resources in hearing the trials and the litigation proceedings.

[2] In spite of the existence of an arbitration clause in both the construction contracts in question, this action involving numerous claims and disputes and many boxes of documents (running into about 90 thick bundles of documents) has by the parties' choice and election landed in this Court for full trial.

[3] Sensing that a full-blown full trial on all liability and quantum issues would most probably take more than 30 days, this Court in early 2020 started to carry out intensive case management sessions with a view to reducing the number and extent of issues in dispute.

[4] After some intensive case management sessions and with the cooperation of both parties' respective solicitors, the items in disputes were narrowed down with many of the quantum figures mutually agreed without prejudice to dispute of liability, and the oral evidence at the full trial for 14 days was mainly on the liability issues and a short


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