4 Jan 2021
SPNB ASPIRASI SDN BHD (NO SYARIKAT: 490479-V) CHIMONIEF SDN BHD (NO. SYARIKAT : 781379-W)
- Citation
- D-02(IM)(NCC)-485-03/2020 (Mahkamah Rayuan)
- Court
- IM
- Case number
- D-02(IM)(NCC)-485-03/2020 (Mahkamah Rayuan)
Appeal allowed: the High Court erred as a matter of law by assessing and awarding damages based on construction costs and assumed termination that were not pleaded or established; assessment of quantum must be confined to pleaded heads (land costs) and comply with contractual prerequisites (including clause 3.1 of the supplementary agreement) and the compensatory principles under s74; the RM90,000,000 global award is unsustainable for those reasons.