[1] This in an appeal by the defendant (or "appellant") against the decision of the High Court given on 17 May 2017, after a full trial, which allowed the claim of the plaintiff (or "respondent") and dismissed the counterclaim of the appellant with costs of RM38,000.00.

Salient Facts

[2] The salient facts as set out by the learned High Court Judge ("judge") can be summed up as follows:

[3] Pursuant to a Concession Agreement dated 21 February 2013 entered into between the plaintiff of the one part and the Government of Malaysia and Universiti Teknologi Mara ("UiTM") of the other part ("the Concession Agreement") (AR Pt A and B Vol 1 at Pt C pp 259- 269), the plaintiff was granted a concession for a period of 23 years (including the construction period) to carry out the design, development, construction and maintenance of the facilities and infrastructure (as defined therein) and carry out the asset management services (as defined therein).

[4] The aforesaid facilities and infrastructure refer to a university campus for use by UiTM in Rembau, Negeri Sembilan, on a parcel of land then held under Geran 74041, Lot 472, Mukim Kundor, District of Rembau, State of Negeri Sembilan measuring app