Back
COURT OF APPEAL PUTRAJAYA
EAST COAST ECONOMIC REGION DEVELOPMENT COUNCIL – Appellant
Versus
INAI KIARA SDN BHD & ANOR AND OTHER APPEALS – Respondent
| Table of Content |
|---|
| 1. the legal disputes arose from the termination of a construction contract. (Para 1 , 3 , 10 , 34) |
| 2. findings were based on the concepts of res judicata and independence of performance bonds. (Para 15 , 36 , 43) |
| 3. issues of disclosure and claims of abuse of process were central to the appeals. (Para 16 , 24 , 35) |
| 4. the ruling to allow all appeals, emphasizing the need for arbitration. (Para 58) |
The Appeals
[1] The respondents formed a joint venture company (Inai Kiara-Hwa Chi JV) to undertake a project known as the 'Proposed Construction and Completion of Breakwater for the New Deep Water Terminal at Kuantan Port, Pahang' for the East Coast Economic Region Development Council, (ECERDC) (the appellant) pursuant to a contract dated 23 July 2013.
[2] By a notice dated 25 November 2016, the appellant terminated the contract. By a notice, on the same date, the appellant called upon Malayan Banking Berhad (Maybank) to pay a sum of RM40,416,511.11 under a bank guarantee as stipulated in the contract.
[3] On 9 November 2017, the respondents filed Kuala Lumpur High Court Suit No: WA-22NCvC-621-11-2017 (the KL Suit) against the appellant, including fo
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
