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2021 MarsdenLR 1472

COURT OF APPEAL PUTRAJAYA
HING NYIT ENTERPRISE SDN BHD – Appellant
Versus
BINA PURI CONSTRUCTION SDN BHD – Respondent


Petitioner Advocates:Roland Cheng ,Respondent Advocate: Norbert Yap

JUDGMENT

Lee Heng Cheong JCA:

[1] This Notice of Motion ("the Motion") is filed by the Applicant for the following orders:

(1) That the Applicant be granted an extension of time from the due date of 18 May 2017 to file and serve on the Respondent, the Notice of Appeal to the Court of Appeal against the High Court Order dated 19 April 2017.

(2) That the Applicant do file and serve the Notice of Appeal within fourteen (14) days after the grant of this Order.

(3) That the Applicant do file and serve the record of appeal within 90 days after the filing and service of the Notice of Appeal.

(4) The costs of this application be costs in the cause; and

(5) Such further and/or other relief as this Court deems fit and proper to grant.

[2] We heard the Motion and after due deliberation and having carefully considered the submissions of both parties, we found that there are no merits in the Motion and unanimously dismissed the Motion with costs. We propose to give reasons for our decision with respect to the Motion.

Salient Facts

[3] The Respondent was the main contractor for the project known as "The Proposed Tourist Recreational and Commercial Development (Phase II-KK Times Square) on TL01753305 Along


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