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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


[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 Director of the Defendant company respectively as witnesses. After trial, the parties put in concurrent written closing submissions in chief and in reply.

Background Facts

[4] By a letter of award dated 22 January 2007 ("Supply Contract"), the Defendant awarded to the Plaintiff the contract to design, calculate, test

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