JUDGMENT

Nadzarin Wok Nordin J:

(Enclosure 1)

Introduction

[1] In the Originating Summons ("OS") before this Court , the plaintiff has applied for the following orders pursuant to s 41 of the Specific Relief Act 1950 and the inherent jurisdiction of this Court :

1.1 a declaration that the Performance Bond Sum of RM5,346,550.00 ("Performance Bond Sum") which has been deposited by the plaintiff with the defendant is trust property

1.2 a declaration that the defendant is responsible as a constructive trustee for the said Performance Bond Sum

1.3 an order that the defendant or liquidator return the Performance Bond Sum together with interest of RM1,865,433.30 calculated from the Adjudication Award till the date of the claim in 10 days from the date of this Order

1.4 costs in the Companies Winding Up Application No WA-228PW-619-12/2022

1.5 costs for the appeal in Appeal No W-02(a)-1942-11/2023

1.6 costs

[2] The grounds in support of the OS are inter alia

a. The refusal of the defendant to return the Performance Bond Sum as decided by the Adjudication Proceedings and recognized by both the High Court and Federal Court is unconscionable and will result in unjust enrichment if the defendant cont