20 Mar 2023
PROGRESS CENTRE ENGINEERING SDN BHD 1. ) DESARU CORNICHE HOTEL SDN BHD 2. ) MALAYSIAN RESOURCES CORPORATION BERHAD
- Citation
- WA-24C-187-09/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-187-09/2022 (Mahkamah Tinggi)
The court found on the evidence that MRCB and MRCB Builders were in a principal–agent relationship accepted by Desaru through conduct; Desaru treated MRCB/MRCB Builders as a single economic unit and therefore Desaru was the employer and the "principal" for s30 purposes. The court also found there were monies due or payable by Desaru to MRCB/MRCB Builders in respect of outstanding variation orders at the time Desaru received the s30 request. Desaru failed to serve the s30(2) notice or pay; accordingly s30(3) applied and Desaru was ordered to pay the adjudicated sum together with interest and a…