Zulkefli J (now FCJ):

THE PLAINTIFF’S CLAIM

The plaintiff filed an action against the first defendant claiming the following reliefs:

(1)a declaration that the first defendant had by its conduct repudiated the subcontract entered into between the plaintiff and the first defendant. By the said repudiation of the first defendant, the plaintiff claimed it is no longer bound by that subcontract;

(2)an outstanding payment of USD2,170,544.99 and RM1,665,411.98; accrued interest on the said amounts at the rate of 1.5% per month from the due date of each invoice as listed in para 13 of the amended statement of claim until date of full and final realisation; and accrued interest at the rate of 1.5% per month on all invoices that have been settled by the first defendant outside the 60 days period commencing from the due date of each respective invoice as stated at para 13 of the amended atatement of claim until the date of actual settlement by the first defendant;

(3)a retention sum of RM405,826.30 and USD952,917.95 (or RM3,621,088.21 @ RM3.80 to USD1) and interest thereon according to Civil Law Act 1956 (‘CLA’);

(4)loss and damages to be assessed for matters arising from paras 12.1, 12.3 and 12.4