24 Nov 2020
1. ) LIANMARK SDN. BHD. (Co. No.: 821509-K) 2. ) (BY ORIGINAL ACTION) AL-AMBIA SDN. Bhd. (Co. No.: 76525-A) 1. ) AL-AMBIA SDN. Bhd. (Co. No.: 76525-A) 2. ) (BY ORIGINAL ACTION) LIANMARK SDN. BHD. (Co. No.: 821509-K)
- Citation
- 22C-2-01/2017 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 22C-2-01/2017 (Mahkamah Tinggi)
On the facts and documents the plaintiff proved performance and completion of the works; Clause 7 breach (failure to obtain on-site verification) was an innominate, non-essential term that did not deprive the defendant of substantially the whole benefit; defendant affirmed the contract by issuing payment vouchers and making payments and is estopped from terminating; defendant failed to give required defect notices and failed to mitigate so its rectification, supervision and LAD claims fail; defendant proved limited counterclaim items supported by documents; plaintiff entitled to claimed sums,…