11 Jan 2023
Stabilised Pavements (M) Sdn Bhd PLB Terang Sdn Bhd
- Citation
- PA-22NCvC-3-01/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-3-01/2022 (Mahkamah Tinggi)
The Settlement Agreement was valid and constituted full and final settlement expressly excluding idling costs; plaintiff waived any right to claim idling costs and failed to prove those costs (inconsistent figures, no documentary proof and failure to call the material project manager so adverse inference drawn); there was no contractual or settlement basis for late payment interest and plaintiff's conduct showed no intention to claim it; accordingly plaintiff's claims for idling costs and late payment interest were dismissed while the admitted Balance Sum of RM367,000 was awarded with interes…