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2020 MarsdenLR 1665

HIGH COURT MALAYA KUALA LUMPUR
CAHAYA BERLIAN SDN BHD – Appellant
Versus
DATUK BANDAR KUALA LUMPUR – Respondent


Petitioner Advocates:Sangeet Kaur Deo,Tan Chee Kian,Harshaan Zamani ,Respondent Advocate: Jayananda Rao,Gayathri Chandrakasan

JUDGMENT

Faizah Jamaludin J:

A. Introduction

[1] This is a civil suit brought by the Plaintiff, Cahaya Berlian Sdn Bhd, against the Defendant, the Datuk Bandar Kuala Lumpur ("DBKL") for wrongful termination of a contract made pursuant to an agreement dated 25 September 2015 and the DBKL Contract Form dated 20 April 2016 ("the Contract") for a project known as "Cadangan Menaiktaraf dan Mengindahkan Kawasan Sekitar Lebuh Ampang. Wilayah Persekutuan, Kuala Lumpur" ("the Project").

[2] In its statement of claim, the Plaintiff prayed for general damages and special damages in the sum of RM2,130,334.13, which is comprised of the second progress payment made under its second progress claim for the sum of RM928,049.08; retention sum of RM63,000.00; and loss of profit in the sum of RM1,139,285.05. which the Plaintiff claims is the projected/estimated profit at 30% of the Contract sum. The Contract sum is RM3,582,657.40.

[3] However, on the second day of trial, the Plaintiff abandoned its claim for the second progress payment in the sum of RM928,049.09. Learned counsel for the Plaintiff, Ms. Sangeet Kaur informed this Court that the Plaintiff will be filing an application for a summary determinat


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