Lim Chong Fong JCA:

Introduction

[1] These are after-trial appeals in respect of the termination of a contract based on national interest.

[2] The Appellant in Civil Appeal No: N-01(NCvC)(W)-324-06-2023 ("Appeal 324") and the Respondent in Civil Appeal No: N-01(NCvC)(W)388-07-2023 ("Appeal 388"), who is the defendant in the action, is the Federal Government of Malaysia.

[3] The Respondent in Appeal 324 and the Appellant in Appeal 388, who is the plaintiff in the action, is a private limited company involved in the accommodation and food services business.

[4] We heard the appeals which had been earlier ordered by this Court to be heard together on 6 May 2024 and thereafter adjourned them to deliberate on the arguments put forth by the parties respectively.

[5] Upon so doing, we give our decision hereinbelow together with the supporting grounds. For purposes herein and in avoidance of confusion, we will refer to the parties as the Plaintiff and the Defendant respectively.

Background

[6] By a Contract No. KP/JKLN(PRA)KRM31.00/2014 entered into between the parties after a tender exercise, the Plaintiff undertook to provide the Defendant with training facilities and food services for