30 Nov 2018
INTAN PERMATA PROPERTIES SDN BHD AEJB ENGINEERING (M) SDN BHD
- Citation
- WA-12ANCVC-93-04/2018 & WA-12ANCVC-94-04/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12ANCVC-93-04/2018 & WA-12ANCVC-94-04/2018 (Mahkamah Tinggi)
The Court held the Letter of Acceptance and subsequent Appellant instruction and Engineer's Instruction created a binding arrangement and sufficient privity between Appellant and Respondent for the variation works; unsigned PAM sub-contract/standard PAM documents could not be relied on to impose conditions precedent; the Respondent satisfied the threshold for summary judgment and the Appellant failed to show a triable defence; consequently the summary judgment and dismissal of the striking out application were upheld and recall applications dismissed as the court was functus officio.