Introduction

[1] The parties in this appeal will be referred to by their designations in the High Court. The appellant will be referred to as the "plaintiff " while the respondent will be referred to as the "defendant".

[2] This appeal is against the trial judge's judgment dated 21 July 2014 ("the judgment") wherein the High Court allowed the defendant's counterclaim ("the counterclaim") and declared that: (i) the plaintiff was in breach of the hotel management agreement dated 27 March 2006 ("the HMA"); and (ii) the defendant is entitled to an indemnity pursuant to the HMA as well as the mutual separation and settlement agreement dated 30 June 2011 ("MSSA"). The defendant was also awarded the sum of RM1,024,565.75 as damages ("judgment sum").

[3] The plaintiff's claim against the defendant in the main suit was for the sum of RM2,400,000.00. The same was allowed on 14 September 2012 (prior to the trial of the counterclaim) by way of summary judgment ("encl 7") by Singham J (as he then was). The parties were furnished with Singham J's written grounds of judgment in allowing encl 7 ("grounds of judgment for encl 7").

[4] In this appeal, the trial judge had erred when sh