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2014 MarsdenLR 354

HIGH COURT MALAYA SHAH ALAM
OAKWELL ENGINEERING INTERNATIONAL PTE LTD – Appellant
Versus
PCM FEAM (M) SDN BHD – Respondent


Table of Content
1. overview of the contractual relationship and background. (Para 1 , 2 , 3)
2. terms of the supply contract and payments. (Para 4 , 5 , 6)
3. defendant's claims regarding payment and quality. (Para 7 , 8)
4. court's assessment of evidence quality and merits. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15)

[1] This is a suit for contract payment in respect of the design, fabrication, supply and delivery of equipment for a marine platform in the oil and gas industry.

[2] The Plaintiff is a Singapore incorporated company with expertise in marine engineering works. The Defendant is a Malaysian incorporated company and secured a sub contract from a Ramunia Fabricators Sdn Bhd ("Ramunia Fabricators") to provide Test and LP separators. These separators form part of the EPCC contract works relating to the East Belimut - A Topside platform undertaken by Ramunia Fabricators for Newfield Peninsular Malaysia Inc.

[3] The trial was only a day. Besides the documentary evidence adduced in bundles marked B to D, the parties called Jason Yang Jian Sheng (PW1), the General Manager of the PESP division in the Plaintiff company and Peng Joo Hock @ Dato' Amir Danial Abdullah (DW1), the Managing Direc

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