14 Jun 2024
ESSTAR VISION SDN BHD KUPPS & SACHS (M) SDN BHD
- Citation
- WA-22C-103-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-103-10/2020 (Mahkamah Tinggi)
Court held Plaintiff prevented Defendant from completing the Works by issuing continuous revisions and by withholding necessary information and payments; the unlimited revision clause was construed to operate up to P&ID Code 1 approval and thereafter changes were variations; the EoT clause did not cover the acts of prevention relied upon so time became at large; Defendant lawfully terminated at common law and was entitled to USD90,000 (3rd Milestone balance), USD8,000 (Addendum) and USD49,448 (Variation Claim) with interest at 5% p.a. from 6.1.2021 and costs RM70,000; Plaintiff's claims dismi…