RAVINTHRAN PARAMAGURU JC

JUDGMENT

This is an application by the 2nd defendant, Tan Chon Ing @ Tan Chong Ling, (Enclosure 43) and 3rd defendant, E & G Parslow (M) Sdn Bhd, (Enclosure 44) to strike out the claim of the plaintiffs (office bearers of Sarawak Club) in the counterclaim action. The 1st defendant is the plaintiff in the original action. The brief facts may be stated as follows.

The plaintiffs in counterclaim are the office bearers of the Sarawak Club(hereinafter Sarawak Club). They have been sued in contract by LiangCourt Wanisara (Sarawak) Sdn Bhd (the plaintiff in the original action).Liang Court Wanisara (Sarawak) Sdn Bhd had entered into a written(Turnkey Design and Build) agreement with Sarawak Club to develop agolf course at the Universiti Malaysia Sarawak (Unimas) land in KotaSamaharan. The costs of the project was RM12 million which waspayable by progressive payments of RM250,000 over a period of 48months. The contract was signed on 1st September 2005. Liang CourtWanisara (Sarawak) Sdn Bhd pleaded that they had completed the workson 30th August 2008 according to the Certificate of Practical Completionissued by the Civil Engineer and the Golf Architect. The defect liab