30 May 2019
RISDA PLANTATION SDN BHD SETIA KAWAN KILANG KELAPA SAWIT SDN BHD
- Citation
- P-02(NCvC)(W)-1413-07/2018 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- P-02(NCvC)(W)-1413-07/2018 (Mahkamah Rayuan)
The Court determined that the Fourth Contract must be interpreted by its written terms and contemporaneous tender/contract documents (which identify PTS Charlok Landak); the bank guarantee caption alone could not alter the contract scope where documentary evidence was contrary. Accordingly the High Court's finding of breach as to supplies from LGMPC and the associated damages award was set aside; however the MPOB-based grading claim for RM138,092.64 and the trial court's rejection of the defendant's counterclaims were upheld.