3 Dec 2020
DAMANSARA REALTY (PAHANG) SDN BHD OM CAHAYA MINERAL ASIA BERHAD
- Citation
- W-02(IM)(NCvC)-685-04/2019 (Mahkamah Rayuan)
- Court
- IM
- Case number
- W-02(IM)(NCvC)-685-04/2019 (Mahkamah Rayuan)
Termination letter, while invoking a 60‑day notice, functioned in practice as an immediate termination because plaintiff was denied access and ordered to demobilize; defendant failed to comply with contractual preconditions for immediate termination (notice of breaches and 14‑day cure) and therefore the termination was unlawful. On damages, the High Court erred by awarding RM10.8 million based on unpleaded/alternative submissions and unproven Part C documents; special damages in paragraph 29 were not proved and the award was set aside.