Alauddin Mohd Sheriff FCJ:

Introduction

[1] The appellant commenced legal proceedings in the High Court, Kuala Lumpur for, inter alia, the following orders:

i) An injunction against the second respondent from entering the project site and a mandatory injunction against them to vacate the site.

ii) An injunction against the first respondent and the architect (second Defendant in the High Court proceedings) from conspiring to terminate the appellant's employment.

iii) An injunction against the architect to issue the Certificate of Practical Completion (CPC) and in the event the architect refuses to do so, an independent third party be appointed to assess the works, and if the third party confirms that the building works are practically completed, the Senior Assistant Registrar will issue a CPC.

[2] On 18 June 2001 the High Court allowed the appellant's application and dismissed the first respondent's application for a stay pending arbitration.

[3] On 22 June 2001, the Court of Appeal granted an interim stay and on 27 June 2001, the interim stay was extended. The Court of Appeal proceeded to hear the respondents' appeal and on 26 March 2002 delivered its decision, reversing the decis