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HIGH COURT MALAYA KUALA LUMPUR
HIGH POINT FURNISHING SDN BHD – Appellant
Versus
PRESIDENT HOTEL SDN BHD & ANOR (ENCLS 1 & 29) – Respondent
| Table of Content |
|---|
| 1. existence of a valid cause of action. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. lack of privity of contract between parties. (Para 9 , 10 , 11 , 12 , 13) |
| 3. essentials of unjust enrichment not satisfied. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 4. no obligation of d2 due to absence of relationship. (Para 22 , 23) |
Introduction
[1] The 2nd Defendant, Pena Builders Sdn Bhd ("D2") had applied under encl 29 (encl 29) for inter alia an Order pursuant to O 18 r 19 (1)(a), (b) and/or (d) to dismiss High Point Furnishing Sdn Bhd ("Plaintiff") Writ of Summons and Statement of Claim against it under this Suit.
[2] The grounds relied on by D2 in support of encl 29 are that:
a. there is no valid cause of action against D2 who is merely the nominated sub-contractor ("NSC") in the Project.
b. there is no privity of contract between the Plaintiff and D1.
c. D2 has not benefitted from nor maintained any relationship with the Plaintiff.
Salient Background Facts
[3] By virtue of the Appointment Letter dated 10 February 2020, Qingjian Hodong Group (M) Sdn Bhd formally appointed the 2nd Defendant as the Nominated Subcontractor for the "interior Fit Our Work for Mock-Up U
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