Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Variation and amendment of contracts
  • 29 Jan 2021

    LKPP PROPERTY SDN BHD KEMUNCAK LAKSANA SDN BHD

    Citation
    WA-22C-4-01/2018 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    WA-22C-4-01/2018 (Mahkamah Tinggi)

    On the evidence the court found Kemuncak received proceeds for LKPP's 16 sold units in the developer HDA but failed to pay LKPP as required by Clause 10.2(l); LKPP proved breach and recovery of RM1,961,060 with interest at 5% p.a. was awarded; LKPP failed to prove entitlement to LAD under the pleaded clauses; Kemuncak failed to prove LKPP delayed the STP so as to justify withholding payments or sustain its counterclaims; LKPP was entitled to contribution for infrastructure costs of RM837,551 and damages for 109 uncompleted owner units of RM22,127,000; Kemuncak's counterclaims were dismissed;…