JUDGMENT

Azizah Nawawi JCA:

Introduction

[1] This is an appeal against the decision of the learned Judicial Commissioner ("JC") dated 12 July 2019, where the learned JC had dismissed the appellant's appeal against the decision of the Session Court Judge ("SCJ") dated 5 September 2018.

[2] The SCJ had allowed the respondents' claim for post-judgment interest in the sum of RM326,053.63 with interest at 5% per annum from the date of judgment until full settlement and had dismissed the appellant's counterclaim for excess payment of interest of RM154,815.01.

[3] On appeal, the learned JC had dismissed the appellant's appeal. In the appeal before us, the appellant had elected to proceed against the order allowing the suit for post-judgment interest in the sum of RM326,053.63, and had abandoned its appeal on the counterclaim.

[4] Having considered the Appeal Record and the submissions of all parties, this Court has allowed the appellant's appeal with costs. Our decision was unanimous and these are our grounds for allowing the appeal.

The Background Facts

1998 Suit

[5] The appellant had filed a suit in the High Court in 1998 against the respondents in relation to the construction of a 14-storey bui