22 Aug 2025
DNeX SOLUTIONS SDN BHD I DATA CENTRE SOLUTIONS SDN BHD
- Citation
- BA-22NCvC-16-01/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-16-01/2023 (Mahkamah Tinggi)
The contract was frustrated by MAMPU’s 30-8-2021 decision to change the site and suspend the project indefinitely, an event not provided for in the contract and not caused by the parties, which made performance radically different; therefore the contract was discharged by operation of law and the Plaintiff was entitled to restitution of RM5,789,878.95; the Defendant failed to prove and particularise expenditures or value conferred to offset the Refund Sum, so the counterclaim was dismissed and costs awarded to the Plaintiff.