S Nantha Balan JCA:

Introduction

[1] There are two appeals before us, viz Civil Appeal No: W- 02(NCvC)(W)-2289-11/2018 ("Appeal 2289") and Civil Appeal No: W-02(IM)(NCvC)-685-04/2019 ("Appeal 685"). The appeals arise out of decisions that were given by the learned Judge ("the Judge") in Kuala Lumpur High Court Suit No: WA-22NCvC-140-03/2016 ("Suit 140") after a full trial.

[2] The appellant in both appeals is Damansara Realty (Pahang) Sdn Bhd. They were the defendant in Suit 140. The plaintiff in Suit 140 was Om Cahaya Mineral Asia Berhad. For convenience, the parties shall be referred to according to their respective capacities in the High Court. Hence, the appellant in both appeals shall be referred to as "the defendant", and the respondent as "the plaintiff.

[3] The trial of Suit 140 was bifurcated into the liability phase and assessment of damages phase. The appeals before us are directed at the Judge's decisions on liability and damages.

[4] The defendant was the owner of the land which was the subject of an agreement with the plaintiff. Under the agreement, the plaintiff was to cut, clear, fill and level the defendant's land. Thereafter, the plaintiff was to extract minera