16 Dec 2021
EXCEL CUBIC RESOURCES SDN BHD PANZANA ENTERPRISE SDN BHD
- Citation
- WA-22C-55-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-55-07/2020 (Mahkamah Tinggi)
The court held that the Plaintiff's final entitlement was capped by the subcontract maximum ceiling (Clause 1.5) and the Plaintiff failed to comply with Clause 3.3 (no statutory declaration/certification) so Defendant was not in breach of Clause 3.1; the Plaintiff failed to prove Defendant caused delay and failed to apply for EoT under Clause 2.2, therefore Defendant validly imposed LAD under Clause 2.5. Result: Plaintiff awarded limited balance RM139,606.50 with 5% p.a. interest from 8.7.2020; Defendant's counterclaim for LAD RM1,089,600.00 allowed with 5% p.a. interest from 26.8.2020; no or…