Awang Armadajaya Awang Mahmud JC:

(Enclosure 1 And 8)

1. Introduction

[1] This is an application vide the Originating Summons (encl 1) seeking the following reliefs:

i. A declaration that the Agreement executed between the Mandong Transport and Trading Sdn Bhd ("the Applicant") and Hussein bin Wih as per annexure A is a Contract for Service

ii. A declaration that the said Hussain bin Wih is an independent contractor who executed an agreement to provide services on a commission basis and hence was not an employee under the meaning of s 2(5) Employees Social Security Act 1969 (Act 4)

iii. A declaration that the outstanding contributions and the late payment interest claimed by the Respondent in relation to the said Hussain bin Wih is null and void

iv. No order as to cost

v. Futher and other reliefs deemed appropriate by this Honourable Court.

2. The Cause Papers

[2] The cause papers in the 2 applications (encl 1 and encl 8) are as follows:

Enclosure 1

a. The Originating Summons dated 26 March 2019 (encl 1)

b. Applicants Affidavit-in-Support affirmed 31 May 2019

c. Respondents Affidavit-in-Opposition affirmed on 31 May 2019

d. Applicants Affidavit-in-Reply affirmed on 24 June 2019

Enclosure