17 Dec 2024
Paragon Paper & Plywood Sdn. Bhd. Advance Boilers Sdn. Bhd.
- Citation
- WA-22NCvC-498-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-498-07/2021 (Mahkamah Tinggi)
The System failed to perform to the contractual specification (producing only c.220 eKW vs contractual 325 eKW); contemporaneous documents and admissions established defect; the defect deprived Plaintiff of substantial benefit and was a fundamental breach entitling Plaintiff to rescind the contract; consequentially Plaintiff was entitled to restitution of part payments of RM2,690,280, dismantling and removal of equipment at Defendant's cost, interest at 5% p.a. from date of order until full settlement, and costs; Defendant's counterclaim dismissed.