19 May 2025
KORIDOR PADU SDN BHD 1. ) LEMBAGA GETAH MALAYSIA 2. ) KLIA ASSOCIATES SDN. BHD. 3. ) KLIA CONSULTANCY SERVICES SDN. BHD.
- Citation
- WA-22C-100-10/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22C-100-10/2020 (Mahkamah Tinggi)
On construction of the written contracts the PDP (2nd and 3rd defendants) contracted directly with the plaintiff as employer; LGM was at most the paymaster and not a contracting party, so plaintiff has no direct contract claim against LGM; plaintiff breached Contract 1 and 2 by failing to procure the required Performance Bond (condition precedent), that failure amounted to a repudiatory breach entitling PDP to validly terminate; only IPC No.2 (RM4,453,320.95) was found payable on the evidence; IPCs 3–5 were not certified by the SO and are disallowed; retention sums were lawfully forfeited und…