16 May 2024
ATD SOLUTION (M) SDN BHD 1. ) KEMENTERIAN PENDIDIKAN MALAYSIA 2. ) Kerajaan Malaysia
- Citation
- WA-21NCvC-108-10/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-21NCvC-108-10/2022 (Mahkamah Tinggi)
Plaintiff was not permitted to depart from its pleaded case and failed to prove completion as pleaded; plaintiff admitted partial completion only in post-trial submissions without documentary or witness basis, causing prejudice; quantum meruit was not pleaded and is unavailable given the express contract and unusability of incomplete work; plaintiff failed to establish inability to perform under the COVID‑19 Act. Result: plaintiff's claims dismissed and costs awarded.