Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Valuation and quantum
  • 5 Apr 2024

    LYE YOONG HON CONSTRUCTION (M) SDN BHD BAGAN KURNIA DEVELOPMENT SDN BHD

    Citation
    NA-22C-2-07/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    NA-22C-2-07/2020 (Mahkamah Tinggi)

    Clause 22(iv) of the Letter of Award expressly empowered Defendant to issue written notices and to terminate if defaults continued for seven days; the court found the 24.2.2020 letter constituted the written notice fixing time and the 9.3.2020 termination complied with the seven-day requirement; Plaintiff was in persistent default (delay, defects, failure to follow instructions) such that time and compliance were conditions of the contract; Plaintiff's independent QS valuation was rejected for failing to comply with requirement of joint inspection and because MCO justified Defendant's refusal…