Gunalan Muniandy JCA:

Introduction

[1] This is an appeal by the defendants/appellants against the judgment of the High Court in Kuala Lumpur ["KLHC"] which allowed the plaintiff/ respondent's claim against them for construction work done by the plaintiff. The action in the High Court was premised on a judgment given by the Abu Dhabi Court of First Instance (Commercial) Plenary in Case No: 2241/2013 dated 17 March 2015 ["Abu Dhabi Judgment"].

[2] The learned High Court Judge ["LHCJ"] entered judgment for the plaintiff upon being satisfied that the Abu Dhabi Judgment was adequately proven for the purpose of admission into evidence pursuant to s 73A(2), Evidence Act, 1950 [" EA "]. Judgment was given against the appellants based purely on the Abu Dhabi Judgment which was the pleaded premise of the respondent's action.

Facts Of The Case

[3] For ease of reference, parties will be referred to as they were in the High Court.

[4] The present action is predicated on the judgment of the Abu Dhabi Court of First Instance (Commercial) Plenary in Case No 2241/2013 dated 17 March 2015 ("the ADJ"), whereupon the plaintiff is seeking a judgment against Pembinaan SPK Sdn Bhd ("D1") and Bina Pur