Azizan Md Arshad J:

GROUNDS OF JUDGMENT

Introduction

[1]Two actions were filed and it was determined that they should be consolidated and heard concurrently due to the involvement of the same parties and the identical issue.

[2]The reference to the writ of summons is as follows:

(i)First is Suit No. PA-22C-05-11/2017, which was first filed by Strong Mixed Concrete Sdn Bhd (“SMC”) against ATSH Construction Sdn Bhd (“ATSH”) and the guarantors viz. Albert Suresh A/L Raman and Yasotha Devi A/P Muthiah;

(ii)Second Suit No. PA-22C-02-08/2017, which was later filed by ATSH against SMC, and SMC subsequently bringing a third-party action against SSJ Consulting Engineers Sdn Bhd (“SSJ”).

[3]This Court had on 24.04.2025 dismissed the claim against the Defendant without costs in the first suit. Whereas, in the second suit, the claim against the Defendant is allowed with costs and the Defendant’s claim against the Third Party is dismissed with costs.

[4]This Court will now set out the reasons for its decision, and the parties are referred to as they were in the High Court.

[5]In this written ground, ATSH Construction Sdn. Bhd. will be referred to as “Plaintiff”‘ (ATSH), Strong Mixed Concrete Sdn. Bhd. (