5 Apr 2021
The court held that Section 7 of the COVID‑19 Act 2020 does not bar enforcement of payment for contractual obligations already performed; the Defendant's pandemic‑related financial hardship and late allegation of defective work were insufficient defenses, therefore summary judgment was proper for the Plaintiff.
19 Jan 2020
The court found the Plaintiff bound by the 26.1.2017 agreement (estoppel), that the Plaintiff failed to complete the revised dredging quantities under LOA2 leaving 247,384 m3 of hard material, and that the Defendant legitimately engaged Macon Charter and incurred additional costs; accordingly the Plaintiff’s claims were dismissed and the Defendant’s counterclaim for RM4,976,998.76 was allowed with costs of RM20,000 (subject to allocator fees).
13 Nov 2019
Plaintiff failed to discharge the burden of proof and produced insufficient documentary evidence; Plaintiff's last‑minute change of solicitors did not justify adjournment and led to an ex‑parte trial and dismissal of its claim; absence of the main contractor's programme put time at large, rendering LAD unrecoverable; accordingly Defendant's counterclaim succeeded for the assessed net sum of RM1,442,619.57 and RM30,000 for prayer (g).