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COURT OF APPEAL PUTRAJAYA
SUNWAY CITY SDN BHD – Appellant
Versus
OTIS ELEVATOR COMPANY (M) SDN BHD & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. appeals are interconnected. (Para 1 , 2 , 3 , 4) |
| 2. factual background and contractual relationships. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27) |
| 3. sunway's contention on otis's obligations. (Para 28 , 29 , 30 , 31) |
| 4. court's interpretation of contractual obligations. (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 5. otis's arguments on unjust enrichment. (Para 49 , 51 , 52 , 53 , 54 , 55 , 56) |
| 6. court's findings on unjust enrichment and limitations. (Para 57 , 58 , 59 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74) |
| 7. final ruling on appeals. (Para 77 , 78 , 79) |
Preliminaries
[1] The appeals in R7 and R8 are related and were heard together on 25 February 2025 as they were arising from the same decision of the learned High Court Judge given on 7 December 2023.
[2] In respect of R7 (Appeal 10), it was an appeal by Sunway City Sdn Bhd ("Sunway") on the dismissal of its claim against Otis Elevator Company (M) Sdn Bhd ("Otis") for the return of the disbursed sum paid by Sunway to Otis pursuant to Agreement for Payment a
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