7 Oct 2019
KERAJAAN MALAYSIA PKNS ENGINEERING & CONSTRUCTION BHD. (Co. No.: 68135-P)
- Citation
- BA-21C-2-08/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-21C-2-08/2019 (Mahkamah Tinggi)
Affidavit affirmed by plaintiff's solicitor was admissible for interlocutory purposes under O 41 r 5(2) because it relied on undisputed exhibits; on construction of clause 54.3 the plaintiff's cause of action accrued only upon issuance of the Project Director's Certificate and failure to pay (21.4.2013), therefore the action filed on 26.2.2019 was within the six-year limitation period; strike-out application and preliminary objection were dismissed; Rules do not permit an award of solicitor-client costs under O 59 r 16.