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2021 MarsdenLR 2906

HIGH COURT MALAYA KUALA LUMPUR
G-PILE SISTEM SDN BHD – Appellant
Versus
CMMC SDN BHD & ANOR – Respondent


Petitioner Advocates:Hor Shirley ,Respondent Advocate: David Lai Chung Yew

JUDGMENT

Lim Chong Fong J:

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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