19 Nov 2021
FZA UTAMA SDN. BHD. BPH BINA SDN. BHD.
- Citation
- WA-22C-113-12/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-113-12/2019 (Mahkamah Tinggi)
The Court found Clause 2.4 did not create a back-to-back/pay-when-paid obligation to KPKT/Intraxius; factual evidence showed payments were treated on a stand-alone basis by Defendant; Plaintiff proved completion and entitlement to Progress Claims Nos.1-6 (RM3,665,026.82), Progress Claim No.7 (RM1,609,087.42) and Earthworks (RM420,000.00) with interest; Defendant failed to prove overpayment or loss/aggravated damages, so counterclaim dismissed.