4 Oct 2023
AHMAD ZAKI BIN EMBI HALAL DEVELOPMENT CORPORATION BERHAD
- Citation
- BB-B52NCvC-47-08/2021 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BB-B52NCvC-47-08/2021 (Mahkamah Sesyen)
On the balance of probabilities the court found plaintiff completed the works required for Phase 1 and Phase 2 and prepared Phase 3, that HDC breached express obligations (not providing adequate server and payment gateway, unjustified delays of UAT and withheld payments), that many complaints were enhancements not defects and HDC had by conduct waived strict FAT/RFS conditions; plaintiff validly rescinded under s40 Contracts Act 1950 and is entitled to compensation under s74/76 and release of the retention sum. Therefore the plaintiff's claim is allowed and the defendant's counterclaim dismis…