24 Nov 2020
1. ) LIANMARK SDN. BHD. (Co. No.: 821509-K) 2. ) AL-AMBIA SDN. Bhd. (Co. No.: 76525-A) 1. ) AL-AMBIA SDN. Bhd. (Co. No.: 76525-A) (BY ORIGINAL ACTION) 2. ) LIANMARK SDN. BHD. (Co. No.: 821509-K)
- Citation
- BA-22C-2-01/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-2-01/2017 (Mahkamah Tinggi)
Plaintiff proved on balance that it completed the contracted works and defendant breached the subcontract by failing to pay; clause 7 breach was an innominate term that did not entitle defendant to terminate and defendant by conduct (payments and vouchers) affirmed the contract and is estopped from relying on set-off/back charges; defendant failed to give required defect notices and to mitigate, so most counterclaims fail; plaintiff entitled to retention sum and net judgment; interest and costs awarded as exercised by the court.