JUDGMENT

Ahmad Maarop JCA:

[1] This judgment concerns two related appeals - Rayuan Sivil No. W-03-179-2005 (the first appeal) and Rayuan Sivil No. W-03-180-2005 (the second appeal). Both appeals arose out of the suit filed by the plaintiffs (the appellants before us in both appeals) in the Civil Suit No. S1-22-538-2001, against the first and the second defendant (the first and the second respondent respectively before us).

[2] The case pleaded by the appellants against the respondents in substance is as follows. Both the appellants were at all material times involved in the building and construction industry. The principal business of the first respondent at all material times was building industry. The second respondent was at all material times the Executive Chairman of the first respondent. Between the period from or on about 18 April 1995 to 7 May 1996, the first respondent was commissioned by the Jabatan Kerja Raya (JKR) for the building and construction of four government projects (the said projects). Because the first respondent was facing cash flow problems, the second respondent sought the help of one Dato' Dr. Nik Hussain Abdul Rahman (Dato' Nik Hussain) to assist in complet