10 Jan 2025
PHANG HWEE KEE ASIAN YACHTING ACADEMY SDN BHD
- Citation
- JA-A52C-9-12/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-A52C-9-12/2022 (Mahkamah Sesyen)
Plaintiff failed to perform essential contractual works specified in the construction drawings; the contract was a lump-sum design-and-build contract and the omissions went to the root of the contract so substantial performance did not apply; invoice P2 did not alter the agreed scope; therefore defendant entitled to rescind and recover the deposit and plaintiff's claim for the balance is dismissed.