Zabariah binti Mohd Yusof JJCA:

JUDGMENT

[1]The appeal before us was by the appellant against the decision of the learned High Court Judge dated 4.10.2018 dismissing the Originating Summons (OS) wherein the appellant sought to set aside:

(i)the Consequential Order of the High Court dated 16.10.2015 in KL Suit No: S-22NCvC-85-2010 (Suit 85);

(ii)the Deputy Registrar’s Order for assessment of damages of RM3,735,232.97 dated 7.8.2017 in favour of the respondent; and

(iii)the Order of the High Court dated 25.1.2018 in dismissing the appeal of the appellant to the Judge in Chambers against the Deputy Registrar’s Order dated 7.8.2017,

on grounds that the High Court in Suit 85 did not have the jurisdiction to grant the Consequential Order.

[2]After considering the written and oral submissions by parties, we unanimously found that there was no appealable error in the decision of the learned High Court Judge in dismissing the OS. We dismissed the appeal with costs and affirmed the order of the learned High Court Judge dated 4.10.2018. Herein below are our grounds for deciding so.

[3]In this judgment we shall refer to the appellant as “Stone World” and the respondent as “Engareh”.

BACKGROUND:

[4]Engar