HIGH COURT MALAYA KUALA LUMPUR
G-PILE SISTEM SDN BHD – Appellant
Versus
CMMC SDN BHD & ANOR – Respondent
JUDGMENT
Introduction
[1] This is a suit principally to determine the contracting parties of the construction contract and the resultant consequences thereto for unpaid work done.
[2] The Plaintiff is a private limited company involved in the hydraulic pile injection system business.
[3] The First Defendant is likewise a private limited company involved in the property development business.
[4] The Second Defendant is also a private limited company involved in the property management services business.
Preliminary
[5] In this suit, the Plaintiff claimed against the Defendants for the following:
(1) A declaration that the 1st Defendant and/or the 2nd Defendant is a party/are parties to the Contract with the Plaintiff;
(2) The following sums to be paid by the 1st Defendant and/or the 2nd Defendant to the Plaintiff:
(a) The Outstanding Sum of RM2,463,418.95;
(b) In the alternative, damages to be assessed;
(c) Interest at 7.9% per annum being the Maybank Base Lending Rate of 6.9% per annum plus 1 % as provided in cl 30.17 of the Conditions of Contract on the Outstanding Sum of RM2,463,418.95 to run from the following periods until full payment is made:
(i) for the sum of RM1,641138
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