14 Mar 2024
PRESTARIANG SKIN SDN BHD KERAJAAN MALAYSIA
- Citation
- WA-24NCvC-2312-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24NCvC-2312-11/2019 (Mahkamah Tinggi)
Court held contractual Formula (clause 28.3.1(b)(iii) / Availability Charges claimed RM 732.8m or RM 922.1m) was inapplicable for full payment because parties did not intend AC to cover uncertified/unperformed works absent certification; however clause 31 triggered clause 28.3 on expropriation but payment was limited to certified works. Consequently plaintiff's contractual claims dismissed but plaintiff entitled to recover reasonable value on quantum meruit for proven costs: RM 231,549,002.90 awarded (comprised of pre-contract, implementation and post-termination costs). Loss of profits claim…