HIGH COURT MALAYA KUALA LUMPUR
SYNERGY SPECTACULAR SDN BHD – Appellant
Versus
DELEUM PRIMERA SDN BHD – Respondent
JUDGMENT
Introduction
[1] The Plaintiffs ("P") claim against the Defendant ("D") is for nonpayment of various invoices in respect of goods delivered. And for losses suffered arising from D's refusal to accept delivery of certain goods. In turn, D made a counterclaim against P for rental costs and liquidated damages ("LAD"). After a full trial, I dismissed P's claim. I also dismissed D's counterclaim. Here are the grounds of my judgment.
Background Facts
[2] At D's request, P issued a quotation dated 11 October 2018 ("Quotation") for the supply of 138 units of offshore containers ("Containers"), also known as cargo handling equipment ("CHE"), for the sum of RM3,250,000. The Containers are to be certified by Det Norske Veritas (DNV GL). Pursuant to Purchase Order No 60007964 dated 1 November 2018 ("Purchase Order") issued by D to P, D ordered 138 units of Containers to be supplied by P in accordance with the terms and specifications contained in the Purchase Order ("CHE Project") for a total contract sum of RM3,250,000 ("Contract Sum").
[3] The Purchase Order was accepted in writing by P. On 21 December 2018, D's representative, namely DW3, approved the drawings of the C
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