30 Dec 2019
GAN KEE EARTHWORK SDN BHD LIM EE KHENG (TRADING AS EK BINA SETIA)
- Citation
- WA-22C-84-10/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-84-10/2018 (Mahkamah Tinggi)
Progress claims and certificates were provisional and not determinative of the final account; the Plaintiff’s independent survey (NZ Survey Consultant) correctly established original ground levels and as-built volumes, yielding a net final account due to Defendant of RM109,871.00; Plaintiff’s termination was unlawful for lack of proven culpable delay and failure to follow PAM notice requirements, entitling Defendant to nominal damages of RM5,000.00; net judgment RM114,871.00 with specific orders for withdrawal from Stakeholding Account and return of remaining funds; no order as to costs.