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2013 MarsdenLR 2091

COURT OF APPEAL PUTRAJAYA
KENNETH CHUNG KUO TING & ANOR – Appellant
Versus
JOHN TSANG SHING CHI & ANOR – Respondent


Table of Content
1. foundation of the case and parties involved (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. mandatory stay of proceedings due to arbitration (Para 9 , 27)
3. disputes and admissions concerning arbitration (Para 10 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26)
4. preliminary objection to appeal jurisdiction (Para 11 , 12 , 13 , 14 , 15 , 16 , 17)

[1] This is an appeal against the decision of the learned Judicial Commissioner of the High COURT at Tawau, Sabah dated 14 June 2010 in giving judgment in favor of the 1st and 2nd Respondents (the 2nd and 3rd Plaintiffs at the COURT below) based on the Appellants' alleged admission of a disputed amount allegedly due to the 1st Defendant, a sub-contractor company in the present action. In the decision, the learned Judicial Commissioner had allowed the 1st and 2nd Respondents' application to enter judgment on admission of liabilities against the Appellants whereby the Appellants were ordered to pay a sum of RM2,056,093.90 with 8% interest to the Respondents.

[2] In this case, the 1st Defendant (Sedia Gaya Sdn Bhd) as the contractor had entered into an agreement with the municipal council to build a central market in Tawau, Sabah. The works

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