Introduction

[1] The appellant applied by way of summons-in-chambers dated 30 July 2004 for summary judgment pursuant to O. 14 of the Rules of the High Court 1980. The appellant's application was allowed by the learned senior assistant registrar who gave judgment for the appellant for:-

(a) the sum of RM3,017,587.15;

(b) interest at the rate of 8% per annum on the sum of RM3,017,587.15 from the date of the order till the date of full realization; and

(c) costs.

[2] Being dissatisfied with that decision the respondent appealed against the decision to the judge in chambers. The learned judge who heard the appeal allowed the respondent's appeal. The appellant then appealed against the decision of the learned judge. On 10 October 2006 we heard this appeal and by a unanimous decision we allowed the appeal with costs.

Facts Of The Case

[3] The respondent was the main contractor of a project known as "Cadangan Membina Kolej Matrikulasi Perak Di Atas Sebahagian Dari Lot 137664, Mukim Teja, Daerah Kinta Untuk Kementerian Pendidikan Malaysia" (hereinafter referred to as "the said project"). The appellant was appointed by the respondent as a sub-contractor for RC Work, Brickwork, Pla