18 Dec 2020
CAHAYA BERLIAN SDN BHD (NO. SYARIKAT: 742437-K) DATUK BANDAR KUALA LUMPUR
- Citation
- W-01(C)(W)-753-12/2019 (Mahkamah Rayuan)
- Court
- C
- Case number
- W-01(C)(W)-753-12/2019 (Mahkamah Rayuan)
The Court of Appeal held that the profit element was embedded in the BQ and thus within the parties' contemplation at contract formation; the High Court erred in wholly rejecting the appellant's loss of profit claim without properly considering SD1's corroborative admissions and the inherent probability of SP1's evidence. While expert evidence SP2 was rightly rejected, the appellate court awarded a compensatory loss of profit at 10% of the Contract Sum, less the First Progress Payment, yielding RM299,913.83, and ordered costs.