See Mee Chun JCA:

Introduction

[1] This appeal arises out of an adjudication claim where the Appellant was the claimant in an adjudication proceeding against the Respondent. However, the Respondent filed a cross-claim and this resulted in the Appellant being ordered to make payment to the Respondent. This therefore raises the question whether the Respondent in this appeal, in responding to the Appellant's adjudication claim, can file a cross-claim and if so, whether the cross-claim can exceed the Appellant's claim thereby making the Respondent the substantive claimant.

[2] There are two appeals which were heard together, namely Civil Appeal No B-02(C)(A)-1948-11/20123 ("Appeal 1948") and Civil Appeal No B-02(C)(A)-1949-11/20123 ("Appeal 1949"). The Appellant in both appeals are the Plaintiff (Tera Va Sdn Bhd/TVA) while the Respondent is the Defendant (Ayam Bintang Istimewa/ABI).

[3] For the purpose of these appeals, the Appellant will be referred to as "TVA" while the Respondent will be referred to as "ABI". All references to enclosures are to Appeal 1949, unless otherwise indicated.

[4] Appeal 1948 is the appeal against the decision of the learned Judicial Commissioner (JC) to