JUDGMENT

Alizatul Khair Osman Khairuddin FCJ:

Introduction

[1] This appeal, Civil Appeal No 02(f)-35-05-2018, was heard together with Civil Appeal No: 02(f)-36-05-2018 (B) (Appeal No 36) and Civil Appeal No: 02(f)-37-05-2018 (B) (Appeal No 37). The appellant in both Appeals No 36 and No 37 is Veheng Global Traders Sdn Bhd, the 3rd respondent in this appeal.

[2] The background facts pertaining to these two appeals (Appeals No 36 and No 37) have been set out in my brother Justice Ramly Ali's judgment. As with the other two appeals (supra), this appeal arose out of the decision of the Court of Appeal which had allowed the appeals brought by the 1st and 2nd respondents against the decision of the High Court. The High Court had granted the claims of both the 3rd respondent and the appellant.

Salient Facts

[3] For the purpose of this judgment, the salient facts pertaining to this appeal which we adopt from the appellant's written submission (with some modification) are as follows.