12 Sept 2023
K.K. ORIENTAL BUILDER SDN BHD MERCHANT SYNERGY SDN BHD
- Citation
- BA-22C-46-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-46-10/2020 (Mahkamah Tinggi)
Clause 6.0 of the Letters of Award remained binding because the Defendant failed to produce evidence of any amendment; Plaintiff proved entitlement to the claimed sums: LA-1 and LA-2 were completed with CCCs established and LA-3 and LA-4 were incompletable due to the MCO stop order so Plaintiff is entitled to payment on a quantum meruit basis measured by its progressive claims; Defendant failed to prove its counterclaims for rectification costs and LAD due to insufficient, unreliable evidence and failure to produce critical documents (eg CPC).