28 Mar 2023
1. ) TECH FOOD INGREDIENTS SDN BHD 2. ) A ONE PILING SDN BHD 1. ) BLUE SEAL (M) SDN BHD 2. ) Lye Sam Yut [Notis Pemberhentian Di Kandungan 24] 3. ) Cheah Chee Meng [Notis Pemberhentian Di Kandungan 24] 4. ) Chia Heong Lin [Notis Pemberhenti
- Citation
- WA-22NCC-17-01/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-17-01/2021 (Mahkamah Tinggi)
Only A One Piling had contractual privity under the 2nd LOA and proved breach by Blue Seal (admission that PU panels were not Bomba Class 'O' and expert evidence of defective installation); fraud, deceit and conspiracy claims were dismissed as inconsistent with plaintiffs' affirmation of the contract and lacking particularity and direct evidence; adverse inference applied because defendants called no witnesses; A One Piling awarded rectification special damages RM19,498,666.73 and refund of overpaid progress monies RM98,255.8; other claims and Truepro's counterclaim dismissed.