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2021 MarsdenLR 2652

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


Petitioner Advocates:Mahathir Abdullah ,Respondent Advocate: Ashok Kumar,Loshini Ramasamy,Eric Gomez,Siew Suet Mey

JUDGMENT

Tee Geok Hock JC:

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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