2 May 2024
MAHSURIMAS SDN BHD DORSETT REGENCY HOTEL (M) SDN BHD
- Citation
- WA-22C-16-02/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-16-02/2021 (Mahkamah Tinggi)
The court held the Defendant repeatedly prevented and disrupted the Plaintiff’s progress by late handovers and late supply of materials, there being no contractual extension-of-time mechanism; therefore time became at large, the Defendant could not validly impose LAD and its termination (27.3.2015) was unlawful (including mala fide elements). Plaintiff awarded balance for works after agreed deductions and VOs; Plaintiff awarded nominal damages for loss of profit; Defendant’s LAD counterclaim dismissed except nominal special damages awarded to Defendant for proven loss.