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COURT OF APPEAL PUTRAJAYA
SAGUJUTA (SABAH) SDN BHD – Appellant
Versus
TRANE MALAYSIA SALES & SERVICES SDN BHD – Respondent
| Table of Content |
|---|
| 1. background of the appeal and factual context. (Para 1 , 8 , 9 , 10) |
| 2. factual background of the case. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. high court's justification for summary judgment. (Para 11) |
| 4. appellant's arguments presented. (Para 12) |
| 5. explanation of order 14 rules. (Para 13 , 14 , 15) |
| 6. evidence of certification and payments. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 7. response to appellant's claims. (Para 24 , 25 , 26 , 27) |
| 8. assessment of trial costs. (Para 28) |
[1] This is an appeal by the appellant against the decision of the High Court allowing the respondent's application for summary judgment under O 14 of the RHC 1980 in respect of part of the respondent's counterclaim amounting to RM3,641,315.73 against the appellant.
Factual Background
[2] The appellant (which was the plaintiff at the Court below) at all material times was a developer of a mixed development project in Sabah and was undertaking a project known as the "1 Borneo Hypermall" in Kota Kinabalu.
[3] The respondent (which was the defendant at the Court below) was a company involved in a business of provision of customised system, services and solutions for heating, ventilation and air conditi
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