4 Jun 2020
COSMOS INFRATECH SDN BHD MELATI EVERGREEN SDN BHD
- Citation
- WA-22C-80-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-80-10/2018 (Mahkamah Tinggi)
No privity of contract existed because the Works Order was executed by THK without authority from Defendant; Plaintiff's contractual remedy lies against TPSB (the party with privity). Plaintiff's alternative quantum meruit/restitution/unjust enrichment claims against Defendant fail because the fourth Siow Wong Fatt condition (defendant enjoyed the benefit as the person for whom the act was done) and the necessary factual justification for bypassing contractual remedies were not satisfied. Conspiracy claim failed for lack of proven agreement/predominant purpose. Consequently the claim against…