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2025 MarsdenLR 4566

HIGH COURT MALAYA KUALA LUMPUR
ECO SKY DEVELOPMENT SDN BHD – Appellant
Versus
SURUHANJAYA PERKHIDMATAN AIR NEGARA & ANOTHER CASE – Respondent


Petitioner Advocates:Tharminder Singh,Andrew Phua ,Respondent Advocate: Yan Nie Th'ng

JUDGMENT

Avinder Singh Gill Ranjit Singh JC:

Introduction

[1] The appeals in WA-12ANCVC-14-02/2025 and WA-12ANCVC-15-02/2025 concern the interpretation and application of the Water Services Industry (Sewerage Capital Contribution Fund) Regulations 2011 ('2011 Regulations'); the issue of limitation under the Limitation Act 1953, and the suitability of Summary Determination under O 14A of the Rules of (RC) 2012.

[2] The appellant in both appeals was the defendant in the Court below.

[3] The parties will be referred to here as they were in the Sessions Court .

[4] The Defendant's Application to Strike Out the Writ and Statement of Claim (Encl 10), and the Plaintiff's Application under O 14A (Encl 12) were heard together, and the Sessions Court delivered a single decision as seen from the grounds of judgment in both Appeals.

The Plaintiff's Application Was Made Under Order 14A And Order 33 Rule 5 Of The RC 2012: Enclosure 12.

[5] This Application is the substance of Appeal No 14 by the defendant.

[6] The dispute arose from the defendant's mixed development project. The plaintiff alleged that the defendant had declared lower selling prices for unsold units and misclassified six units as so


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