JUDGMENT

Nik Hashim J:

This is an appeal by the appellant against the decision of the learned Sessions Court judge given on 6 August 1998 in allowing the respondent's claim for damages for breach of contract and award of RM27,217.86 plus interest and costs against the appellant.

Briefly, the facts of the case are that the appellant was the main contractor in respect of electrical works being carried out at Megah Court, Jalan Kolam Air, Kuala Lumpur in 1990. The respondent was the appellant's subcontractor doing the actual electrical works. By the subcontract agreement, the appellant obtained 12 1/2 of the contract sum of RM248,849 ie, RM31,106.13 as it's profit. A few days after signing the subcontract, the appellant took over the contract works from the respondent because the appellant was not satisfied with the respondent's performance under the subcontract. The respondent argued that the appellant's action was wrongful and in breach of the subcontract and that he was entitled to the profit he would have made had he been allowed to continue with the subcontract works. Since the appellant obtained a profit of 12 1/2 under the subcontract, the respondent submitted it was only fair