SAYCON CONSTRUCTION SDN BHD vs ROSADO TRADELINE SDN BHD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 MarsdenLR 1540

COURT OF APPEAL PUTRAJAYA
SAYCON CONSTRUCTION SDN BHD – Appellant
Versus
ROSADO TRADELINE SDN BHD – Respondent

Petitioner Advocates:Mahinder Singh Dulku,Ong Yu Shin,Teh Ee Teng ,Respondent Advocate: Lim Hock Siang,Khoo Ching Chiat

Table of Content
1. contractor-plaintiff's claims against subcontractor-defendant. (Para 1)
2. negligence in performance of contract. (Para 2 , 3 , 5 , 6)
3. court's confirmation of delay due to subcontractor's negligence. (Para 12 , 13 , 18)
4. arguments regarding damages and payment under threat. (Para 20 , 25)
5. burden of proof rests on the claimant for damages. (Para 30 , 31 , 32 , 35 , 36)
6. court's interpretation of evidence supporting claims. (Para 44)

[1] This is the appellant/defendant's appeal against the decision of the High Court at Penang which entered judgment for the respondent/plaintiff. For ease of reference, in this judgment, parties will be referred to as they were in the High Court.

Background

[2] The plaintiff was appointed as the main contractor by Ann Joo Integrated Steel Sdn Bhd ("the employer") for the construction of Ore Bunker and Hot Stove at Prai Industrial Park ("the project") at an accepted tender price of RM3,000,000.00. The liquidated and ascertained damages payable by the plaintiff to the employer in the event of delay in the completion of the project was RM6,000.00 per day.

[3] By a letter dated 25 June 2008, the plaintiff appointed the defendant as its s

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2017 MarsdenLR 1540

COURT OF APPEAL PUTRAJAYASAYCON CONSTRUCTION SDN BHD – AppellantVersusROSADO TRADELINE SDN BHD – Respondent

Cases Referred (2)

COURT OF APPEAL PUTRAJAYA
SAYCON CONSTRUCTION SDN BHD – Appellant
Versus
ROSADO TRADELINE SDN BHD – Respondent