15 Jul 2021
ERA KEMUNCAK JAYA (M) SDN. BHD. (Co. No.: 652898-U) TENAGA SWITCHGEAR SDN. BHD. (Co. No.: 321326-M)
- Citation
- BA-22C-61-12/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22C-61-12/2018 (Mahkamah Tinggi)
The court held that the written LA/LOI/PO constituted the complete contract and did not incorporate TNB's Schedule; expert evidence cannot displace the court's role in construing contractual terms or determine breach/remoteness/quantum where the court is competent to decide; defendant had an implied contractual right to grant EOTs and in fact granted four EOTs; delays were caused by employer and third parties not the contractor; defendant breached by failing to pay and by wrongful termination; plaintiff entitled to recover unpaid works and specified consequential losses with interest; defenda…