24 Nov 2021
Switch Flow Resources Sdn Bhd North Emerald (M) Sdn Bhd
- Citation
- BA-22NCVC-576-11/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCVC-576-11/2018 (Mahkamah Tinggi)
Court found Plaintiff did not breach the Purchase Order: Plaintiff applied for approvals and approvals were obtained for the Second Lot; evidence shows parties agreed to change site; Defendant's project manager led Plaintiff's workers to the First Lot and Defendant failed to call that material witness, permitting an adverse inference that Defendant misled Plaintiff; Plaintiff completed installation except testing so entitled to outstanding RM193,500.00 (RM236,500.00 less RM43,000.00 for unperformed final testing/commissioning); injunction granted; Defendant's counterclaim dismissed for lack o…