6 Mar 2020
YUK TUNG CONSTRUCTION SDN BHD DAYA CMT SDN BHD
- Citation
- W-02(C)(W)-462-03/2018 (Mahkamah Rayuan)
- Court
- C
- Case number
- W-02(C)(W)-462-03/2018 (Mahkamah Rayuan)
The Court held that Clause 43 required timely written notice and application for EOT; Daya failed to comply so could not rely on the prevention principle or assert time was at large; contemporaneous evidence supported the High Court finding that Daya did not proceed regularly and diligently and termination was lawful; the High Court's mechanistic apportionment reducing LAD was impermissible and YTC is entitled to the full contractual LAD; certain quantum items were adjusted to reflect admitted payments and contractual terms; retention and GST orders adjusted accordingly.