30 Aug 2021
TRIUMPHANT GALLERY SDN BHD AFIZAN BIN MISKOM @ MISKAN (T/A D PERMATA AURA ENTERPRISE)
- Citation
- WA-12BC-2-04/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BC-2-04/2020 (Mahkamah Tinggi)
The High Court affirmed the Sessions Court: premature termination of the Sub-Contract by the employer/MRCB rendered final payment/pay-when-paid provisions inapplicable (and pay-when-paid is void under s.35 CIPA in any event); Respondent was entitled to valuation and payment for work done up to termination based on certification and evidence; estoppel and Mutual Agreement did not bar the claim and were not pleaded as issues; Appellant’s counterclaim was unpleaded/unproven and an afterthought, therefore appeal dismissed.