Zakaria Yatim J

There were two appeals in these proceedings. The first appeal was filed by the plaintiff against the decision of the senior assistant registrar that execution be stayed pending the outcome of the defendant's appeal. The second appeal was filed by the defendant against the decision of the senior assistant registrar who granted the plaintiff leave to enter final judgment against the defendant under O 14 of the Rules of the High Court 1980. Both appeals were heard by me at the same time.

The plaintiff is a company incorporated in Malaysia and have a place of business at 31-1 and 33-1, Jalan 2/115A, Taman Pagar Ruyong, Jalan Kuchai Lama, Kuala Lumpur. The defendant is also a locally incorporated company and has its place of business at No 957, Jalan Sungai Chua, Kajang, Selangor. The defendant was a housing developer within the meaning of the Housing Developers (Control and Licensing) Act 1966 and was governed by the Act and the rules made thereunder.

By an agreement and schedule of conditions of building contract made on 4 March 1987 between the defendant and the plaintiff, the defendant appointed the plaintiff to be the main contractor for the construction of