JUDGMENT

Khairul Nizam Abu Bakar:

[Encl 18 ]

[1] This enclosure was the application by the Defendant for the Judgement in Default that was entered against them on 27 March 2017 ("JID") is set aside, and the Defendant was given time to file their Statement of Defence.

[2] I have heard the oral submissions by both parties and dismissed the application.

[3] Aggrieved, this appeal lies.

The Background Facts

[4] The claim by the Plaintiff against the Defendant arose from 2 projects; Project Bukit Raja and Project Farmosa. The facts as follows:

i. Bukit Raja

- For the Bukit Raja Project, the Defendant was appointed by the Plaintiff to build 3 tube wells in Bukit Raja Klang for the contract amount of RM160,000 and not inclusive the GST.

- The project was for period between 30 July 2015-30 August 2015 and the delay in completing the project within this period, the Plaintiff is entitled to claim damages on RM500 daily basis

-The Bukit Raja project involves 2 contracts. The first is in relation to the above which was stipulated under Letter of Award dated 30 July 2015;

- After the 1st contract that was entered into, the Defendant through their Site Engineer cum the project manager, En C S Lee ("C S Lee"