Ong (Malaya) CJ:

The facts so far as they are material to this report, appear sufficiently from the judgment of the Chief Justice.

The appellant was a building contractor. On 27 May 1963 he entered into a written contractNo. 214/63 with the Malaysian Government to construct certain works and buildings for the sum of $23,680. A second contract in writing,No. 227/63, was made on 7 August 1963 between the parties for other works and buildings costing $11,315. The works and buildings under both contracts were duly completed to the satisfaction of the Government. In respect of the first contract,No. 214/63, the Government had withheld as "retention moneys" the sum of $1,184, as it was entitled to do during the "defects liability period" - which in the instant case, was six months from date of completion. The completion date was 3 February 1964; hence this sum was lawfully retained until 3 August 1964.

For the second contract,No. 227/63. the appellant had paid the Government a sum of $565.75 as "security deposit" upon acceptance of his tender. This contract was completed by the appellant on 5 February 1964 and, even assuming that a portion of the contract price of $11,315 coul