31 May 2024
Sri Esbina (M) Sdn Bhd Syarikat Aliran Sejahtera Sdn Bhd (In Liquidation)
- Citation
- WA-22C-50-06/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-50-06/2022 (Mahkamah Tinggi)
The Settlement Agreement clause (e) was ambiguous and, construed commercially, required the Defendant to pay the minimum 30% to project consultants for Claims 30 and 31 notwithstanding bank deductions; Claim No.32 was not covered by the Settlement Agreement and the RM317,578 paid for Claim 32 belongs to the Plaintiff (Windsor performed the works); Defendant was unjustly enriched by retaining those funds; Plaintiff failed to prove the missing materials claim and police reports were inadmissible for lack of maker evidence. Consequently judgment was entered for the Plaintiff for RM994,156.32 plu…