23 Sept 2019
CENTURY SOFTWARE (MALAYSIA) SDN BHD NORTHPORT (MALAYSIA) BHD
- Citation
- W-02(NCVC)(W)-1110-05/2018 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- W-02(NCVC)(W)-1110-05/2018 (Mahkamah Rayuan)
Clauses 22 and 23 must be read together; clause 23 does not create a freestanding right to terminate that defeats clause 22's cure procedure. The Defendant performed part of the contract and substantial performance occurred (evidenced by Go-Live, extensive live usage and warranty regime); there was no total failure of consideration under s.40. The Plaintiff's termination was therefore invalid and constituted a constructive breach making the Defendant entitled to the unpaid contract balance (Amount 1). The claim for Amount 2 for additional works failed for lack of agreement, invoicing and prim…