JUDGMENT

Abdul Malik Ishak J:

Introduction

[1] I wrote the first judgment dated 4 December 2002 and it has since been reported videCekal Berjasa Sdn Bhd v. Tenaga Nasional Bhd [2003] 1 AMR 553 (hereinafter referred to as the "first judgment"). That first judgment concerned an originating summons in encl. one (1) filed by the plaintiff and it focussed entirely on it. I favoured the defendant in the first judgment and this meant that the plaintiff's application in the originating summons in encl. one (1) was dismissed with costs. Aggrieved by my decision, the plaintiff appealed to the Court of Appeal. When the appeal came up for hearing before the Court of Appeal with a coram of Gopal Sri Ram, Abdul Kadir bin Sulaiman and Nik Hashim bin Nik Ab. Rahman JJCA, on 12 October 2004, the Court of Appeal made an order that the appeal be referred back to me for me to decide on the issue of the defendant's counterclaim. The order of the Court of Appeal in its original text reads as follows:

KORAM:

Y.A DATO' GOPAL SRI RAM, H.M.R.

Y.A DATO' HAJI ABDUL KADIR BIN SULAIMAN, H.M.R.

Y.A DATO' BENTARA ISTANA DATO' NIK HASHIM

BIN NIK AB. RAHMAN, H.M.R.

DALAM MAHKAMAH TERBUKA

PADA 12 OKTOBER, 2004

PERIN