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HIGH COURT MALAYA KUALA LUMPUR
SCOMI TRANSIT PROJECTS SDN BHD – Appellant
Versus
PRASARANA MALAYSIA BERHAD – Respondent
| Table of Content |
|---|
| 1. public transportation as a key to city livability. (Para 1 , 2) |
| 2. contractual obligations under the principal contract. (Para 3 , 4) |
| 3. role of performance bond in project contracts. (Para 5 , 6 , 7) |
| 4. validity of notice to terminate upon breach. (Para 8 , 9 , 10 , 18) |
| 5. adequacy of damages as a remedy. (Para 11 , 12 , 13 , 15) |
| 6. negotiation implication on enforcement. (Para 19 , 20 , 21) |
| 7. public interest associated with infrastructure projects. (Para 22 , 23 , 24 , 31) |
| 8. addresses the legal standards governing contract termination and the necessity of performance bonds. (Para 65) |
| 9. establishes that damages are a sufficient remedy, negating the need for an injunction. (Para 86 , 110 , 112 , 147) |
[1] Until people can travel by the "folding of space" as a science fiction would have us imagine, it is still the transportation from one place to another by roads, rails, by sea and air transport. A reliable and efficient mode of public transportation in a capital city is important both for commerce and industry, for work and play, for its people and for tourists as well. It is part of the factors that go into determining how livable a city is - convenience, comfort and c
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