12 Jul 2020
1. MISI ARMADA SDN BHD 2. IB BUILDERS SDN BHD SPNB ASPIRASI SENDIRIAN BERHAD
- Citation
- DA-22NCC-3-03/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-22NCC-3-03/2017 (Mahkamah Tinggi)
Preliminary objection dismissed; plaintiff entitled to general damages for loss of profit because the loss naturally arose from defendant's repudiation and was within contemplation of the parties (supplementary DA cl 3.1(c) and s 74 Contracts Act); expert Hashimah's moderation method was the only available evidence and was reasonable though estimative; the court reduced her estimate by 15% and awarded RM65,000,000 for loss of profit; interim certified claim and balance of land cost are not part of this assessment; no costs awarded.