18 Jan 2024
PESAT BUMI SDN BHD CESCON ENGINEERS SDN BHD
- Citation
- W-02(C)(W)-1216-07/2022 (Mahkamah Rayuan)
- Court
- C
- Case number
- W-02(C)(W)-1216-07/2022 (Mahkamah Rayuan)
Appeal dismissed: respondent was entitled to challenge the genuineness and classification underlying variation orders despite not being party to PAM contract because it was not enforcing PAM terms; the consultant contract between the parties did not incorporate the PAM conclusiveness clause so statements of final account were not binding on respondent; the High Court’s factual findings that (a) certain VOs were not sufficiently proven and (b) appellant exercised its contractual discretion unreasonably were not plainly wrong and therefore should stand.