20 May 2021
BGMC Corporation Sdn Bhd SIME DARBY PROPERTY (KL EAST) SDN BHD
- Citation
- WA-24C(ARB)-49-11/2020 (Mahkamah Tinggi)
- Court
- ARB
- Case number
- WA-24C(ARB)-49-11/2020 (Mahkamah Tinggi)
The court found on the evidence that the defendant's claimed third‑party rectification costs lacked adequate substantiation and materially conflicted with the Architect's contemporaneous estimate; because the defendant also retained the second moiety of retention monies, the asserted shortfall was not established and the demand on the bank guarantee was unconscionable. The COVID‑19 Act argument lacked evidential nexus. Accordingly the court granted the plaintiff's applications to restrain the defendant from calling/receiving the guaranteed sum pending disposal by arbitration and awarded costs.