3 Oct 2025
KENWINGSTON SDN. BHD. INGCA SDN. BHD.
- Citation
- WA-12BC-6-06/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BC-6-06/2024 (Mahkamah Tinggi)
The appeal was allowed because the defendant was not unjustly enriched: contemporaneous certification and proof of payments established that the defendant had paid the intermediary contractor in full for the certified works including the FRP water tanks, and permitting recovery under Section 71 would compel double payment and improperly reallocate contractual risk; absence of privity does not bar s.71 claims but liability requires actual enrichment of the defendant which was not shown here.