2013 MarsdenLR 881
COURT OF APPEAL PUTRAJAYA
DATO SHAZRYL ESKAY ABDULLAH – Appellant
Versus
MERONG MAHAWANGSA SDN BHD & ANOR – Respondent
[Civil Appeal No: W-02-1438-2011]
Important Points
Subject
Contract Law - Commercial Agreements
Headnote
(B) The court addressed whether the evolution of the Bridge Project into the Crooked Bridge Project affected the validity of the claim, ruling that both projects were interconnected for the appellant's services. (Paras 7, 8, 19)
(C) The contractual intention regarding the relationship between 'award' and 'project' was examined, concluding that the appellant's right to payment persisted as the award remained valid despite the project's termination. (Paras 14, 16, 20)
Findings of Court:
The appellant’s claim is valid based on the letter of undertaking despite the project’s termination, emphasizing the integrality of the project's award.
Issues: The court addressed whether the transformation of project types rendered the claim incompetent and whether the project's termination affected the appellant's entitlement.
Ratio Decidendi: The significance is placed on the distinction between the project and award; termination of the project did not affect the claim as the award was never withdrawn.
Result: Appeal allowed with costs.
| Table of Content |
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| 1. undisputed request and framework for services rendered. (Para 1) |
[1] This appeal is against the decision of the High Court after a full trial where the learned judge dismissed the appellant's claim of RM20,000,000.00 for services rendered as set out in a letter of undertaking dated 3 July 1998.