David Wong JC:

Introduction

This is an appeal by the appellant (defendant in the court below) against the decision of the learned Sessions court Judge given on 3 November 2004 after a full trial. The claim of the respondent (plaintiff in the court below) was for the sum of RM99,546 being the price of works done and services rendered, RM46,860 being damages suffered by the respondent due to the wrongful stoppage of work by the appellant, interests and costs. The appellant had also counterclaimed against the respondent the sum of RM105,000 being the costs for rectification of the works done by the respondent. The learned Sessions court Judge awarded to the respondent the sum of RM99,546 with interest of 8% per annum from 12 May 1998 (date of the summons) till full and final settlement and costs, dismissed the respondent's claim for damages of RM46,546 and also dismissed the appellant's counterclaim of RM105,000.

Briefly the undisputed facts are that the respondent was awarded a contract to construct a bituminous road (awarded contract) for a factory constructed by the appellant at its premises at Muara Tebas, Kuching by a purchase order dated 21 July 1997 issued by the appellant