14 May 2025
Poteck Enterprise Sdn Bhd Richallenge Corporation Sdn Bhd
- Citation
- S-02(IM)(NCvC)-151-01/2022 (Mahkamah Rayuan)
- Court
- IM
- Case number
- S-02(IM)(NCvC)-151-01/2022 (Mahkamah Rayuan)
The High Court's awards were varied because the trial judge erred in relying on IPC14 instead of the revised IPC14R for valuation of work done, and because variation works and loss of profit were not proved with required foundational factual evidence; accordingly the award for work done was reduced to RM783,200.00 (based on IPC14R), variations set to nil, advance payment RM500,000.00 retained, performance bond refunded in full (RM2,137,500.00), loss of profit reduced to nominal RM10,000.00, producing a substituted damages award of RM3,430,700.00 with interest and costs as ordered.