3 Nov 2022
STARFLEX ENERGY (M) SDN. BHD. GEMA ANTARA SDN. BHD.
- Citation
- BA-22C-41-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-41-10/2020 (Mahkamah Tinggi)
The court held each PO accepted by the plaintiff constituted a separate enforceable contract; SCAN was authentic and SP1 had authority to approve it (actual, implied and ostensible), proving 95% completion. Milestone (e) did not bar recovery for the proved 95% work and an implied term required defendant to pay for that work. Plaintiff's demobilization was lawful due to defendant's non-payment; defendant breached by withholding the balance. Plaintiff entitled to payment for balance (RM624,625) and for three additional pumps (RM93,876) with pre-judgment interest at 5% p.a. from due date to judg…