4 Feb 2021
TECH ART SDN BHD METROPOLITAN BUMI SDN BHD
- Citation
- WA-22C-10-02/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-10-02/2018 (Mahkamah Tinggi)
Plaintiff failed to prove liability for vehicle costs and the GFA claim insofar as those claims departed from the pleaded causes of action and relied on unpleaded collateral documents; insurance claim partially allowed for proven quantum only; Defendant established counterclaim that contract sum was reduced to RM63,018,535.83 by nominations to NSCs and proved amounts due (including payments made by Defendant to NSCs) so counterclaim of RM6,838,927.08 succeeded; Clause C.2 construed as 'pay‑when‑paid' (timing) not a condition precedent, so counterclaim not premature; set‑off allowed producing…