Gopal Sri Ram JCA:

Preliminary

These two appeals arise out of the same subject matter. When we sat on 22 November 1999, there was only one appeal before us. It was Civil Appeal No. 686/99 ("the second appeal") in which Sabah Shipyard Sdn. Bhd. ("Sabah Shipyard") was the appellant. We then discovered from counsel that there was a related appeal, viz., Civil Appeal No. 482/99 ("the first appeal") in which BSNC Leasing (M) Sdn. Bhd. ("BSNC Leasing") was the appellant. It was against an earlier order made in the same proceedings. It was apparent that a resolution of the first appeal would finally determine the event of the second. But not the other way around.

We therefore suggested that the first appeal be also fixed on short notice and that both appeals be heard together. Counsel agreed. The learned President of the Court of Appeal then issued the appropriate direction pursuant to which both appeals were heard and disposed of, two days later, on 24 November.

Facts And Background

Sabah Shipyard is in the business of constructing, among other things, power barges for the generation of