[1] The plaintiff Conlay Construction Sdn Bhd claimed payment for construction work done under a subcontract. The defendant Perembun (M) Sdn Bhd counterclaimed. After a full trial, the High Court found in favour of the plaintiff and dismissed the defendant's counterclaim. The defendant appealed to this Court:

"... terhadap keseluruhan keputusan tersebut di mana diputuskan bahawa penghakiman dimasukkan terhadap defendan untuk jumlah sebanyak RM753,769. 61 dan RM374,000. 00 bersama-sama faedah dan kos sebanyak RM45,000.00."

[2] Having heard the parties, the defendant's appeal was allowed, the order of the High Court was set aside and costs was fixed at RM30,000 here and below.

[3] At the trial, the parties had agreed upon the issues to be determined. The issues were issues of fact. The learned judge of the High Court set out the issues at para 7 of her grounds of decision. The first question before us is, therefore, about an appellate Court's approach to findings of fact arrived at by a trial Court to which the law entrusts the primary task of evaluation of the evidence.

[4] Both parties began their submissions with the clear understanding that an appellate will be slow to interfere with