28 Feb 2024
TAN SOO LEY TAN TECK POAR
- Citation
- BB-B52NCvC-71-11/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BB-B52NCvC-71-11/2021 (Mahkamah Sesyen)
On the balance of probabilities the court found the plaintiff had not proved that the defendant had validly repudiated or breached the contract; time for completion was not strictly of the essence given the contract language and agreed extensions due to COVID/PKP and variations; the plaintiff terminated the contract unilaterally without giving notice or opportunity to remedy, and thereby acted wrongfully; plaintiff failed to prove defects or the quantum of claimed losses, whereas defendant proved part of its counterclaim including an acknowledged RM75,000 and certain losses tied to ordered an…