HIGH COURT MALAYA SHAH ALAM
SYARIKAT PEMBINAAN ANGGERIK SDN BHD – Appellant
Versus
MALAYSIA AIRPORTS HOLDINGS BERHAD – Respondent
JUDGMENT
Introduction
[1] In the Closing Submissions, the parties did not address this Court on the question of costs and the amount thereof. However, there is a written request in the plaintiff's Closing Submissions asking for the question of costs and the amount thereof to be addressed separately in a separate submission. Pursuant to such request, this Court granted leave for both parties to file and exchange written submissions on the costs and the amount thereof.
[2] After having read and considered the parties' respective written submissions on costs, this Court awarded costs of the plaintiff's claims and the defendant's counterclaims as follows:
(a) The plaintiff is awarded half the costs of the claims in the original action;
(b) The defendant is awarded half the costs of the counterclaim proceeding;
(c) The costs of the claims in the original action are assessed at RM250,000, and the plaintiff is awarded RM250,000 x 50% = RM125,000;
(d) The costs of the counterclaim proceeding are assessed at RM60,000, and the defendant is awarded RM60,000 x 50% = RM30,000; and
(e) After mutual set-off, the plaintiff is awarded the net amount of RM125,000 - RM30,000 = RM95,000 as co
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