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HIGH COURT MALAYA KUALA LUMPUR
TERRANOVA BUILDERS SDN BHD – Appellant
Versus
REPC SERVICES SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. settlement agreement basics and plaintiff's initial claims. (Para 1 , 2 , 3 , 4 , 5) |
| 2. dispute over payments from settlement. (Para 6 , 7 , 8) |
| 3. d1's obligations under the settlement agreement. (Para 10 , 32 , 37) |
| 4. criteria for summary judgment and burden of proof. (Para 11 , 12 , 20 , 21 , 28) |
| 5. d2's lack of standing in the settlement. (Para 30 , 31 , 35) |
| 6. d2's liability under settlement agreement questioned. (Para 33) |
| 7. conclusion and outcomes of the judgment. (Para 79) |
[1] The dispute in this case arises out of a settlement agreement entered into between the Plaintiff and the First Defendant ("D1"). The Second Defendant ("D2") is Ranhill Berhad and they are not named as a party to the Settlement Agreement and neither are they a signatory.
[2] Plaintiff in this case was the subcontractor for a project known Senai- Pasir Gudang Desaru Expressway ("Project"). D1 was the main contractor of the Project and they had appointed Plaintiff vide 3 Letters of Award dated 24 October 2005, 25 May 206 and 15 January 2007 ("Letters of Award").
Previous Proceedings
[3] The Plaintiff had initiated a civil suit in Kuala Lumpur High Court No: 22C-9-5/2013 against both the Defendant
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