30 Jul 2021
Global Explorer Sdn Bhd 1. ) JEKS BMC SDN BHD 2. ) Dajejarhi Sdn Bhd
- Citation
- WA-22C-73-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-73-09/2019 (Mahkamah Tinggi)
Plaintiff failed to prove on balance of probabilities that the 1st Defendant instructed or authorized the claimed variations and additional works under the SCA, failed to comply with the SCA's mandatory variation notice and support documentation requirements, and many claimed items were loss-and-expense style damages not contractually recoverable under the SCA; documentary and source evidence of execution and quantum were absent or unreliable; absence of fraud in excluding Plaintiff from FA Agreement; therefore claim against 1st Defendant dismissed though limitation was saved by acknowledged…