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2006 MarsdenLR 1950

HIGH COURT MALAYA, MELAKA
HARTA TUAS SDN BHD – Appellant
Versus
UB USAHABINA SDN BHD – Respondent


JUDGMENT

Low Hop Bing J:

Appeal

[1] This is an appeal in encl. (15) filed by the appellant-defendant ("the defendant") to me as judge in chambers against the decision of the learned registrar who had on 28 May 2004 allowed the respondent-plaintiff's ("the plaintiff's") application by way of summons in chambers, encl. (13), under O. 14 of the Rules of the High 1980 , for summary judgment in the sum of RM508,604.21 together with interest at 8% p.a. from the date of the writ ie, 23 October 2003 to the date of realisation and costs.

[2] A reference hereinafter to an order and a rule is a reference to that order and rule in the Rules of the High Court 1980 unless the context otherwise requires.

Claim And Defence

[3] The plaintiff's claim on which summary judgment has been signed against the defendant has been set out at the commencement of this judgment.

[4] Defendant vide letter dated 18 May 1998 accepted the plaintiff's tender for the "construction, completion and commissioning of reinforced concrete reservoir for the trunk, main and other ancilliary works for water supply system in the district of Tampin and Rembau Negeri Sembilan Darul Khusus, more specifically the installation and commis

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