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FEDERAL COURT PUTRAJAYA
SK M&E BERSEKUTU SDN BHD – Appellant
Versus
PEMBINAAN LEGENDA UNGGUL SDN BHD & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. common issues of law in appeals concerning retention sums. (Para 1 , 2 , 3) |
| 2. understanding the nature of retention sums and their contractual obligations. (Para 4 , 5 , 6) |
| 3. court of appeal's findings on trust and retention sums. (Para 10 , 11 , 12) |
| 4. court's observations on trust law and implications in construction. (Para 13 , 14) |
| 5. arguments presented by both parties regarding retention sums. (Para 17 , 18 , 19) |
| 6. legal status of retention sums in construction contracts. (Para 20 , 21 , 22) |
| 7. final decisions on the status of retention sums and trust obligations. (Para 34 , 35) |
[1] The present appeals arise out of common issues of law in relation to actions brought by two different plaintiffs against the same defendant. The cases related to these appeals were heard together before the first instance court and the court of Appeal. Each court rendered one judgment respectively. Thus, the appeals before us are Appeal No 130 and Appeal No 131 again heard together due to the common issues of law involved.
Appeal No 130
[2] The appellant in Appeal No: 130 (plaintiff at the High court) was the respondents (defendant at the High court) sub-contractor for a mixed developm
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