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FEDERAL COURT PUTRAJAYA
GIGA ENGINEERING & CONSTRUCTION SDN BHD – Appellant
Versus
YIP CHEE SENG & SONS SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. court granting leave for appeal on contractual obligations. (Para 1 , 2 , 3) |
| 2. plaintiff's claim about the joint venture and contractual relations. (Para 11 , 12 , 19) |
| 3. defendants' denial of a joint venture and claims of separate legal status. (Para 20 , 21 , 28) |
| 4. court's acceptance of trial judge's findings and the framework of law. (Para 24 , 25 , 39) |
| 5. appeal dismissed due to lack of substantiated claim and reliance on improper grounds. (Para 50) |
Introduction
[1] On 10 December 2013, this court granted leave to the appellant, the plaintiff in the action, to appeal on the following questions:
a. Where Company A and Company B are family companies belonging to the same family, whether it is permissible for Company A (the 1st respondent/1st defendant) to escape its contractual obligation to sub-contract construction works to the appellant/plaintiff by claiming that Company B (the 2nd respondent/2nd defendant) and not itself was awarded the main sub-contract?
b. Whether the separate legal character of limited companies can be recognised where it is used to avoid or frustrate legal obligations?
c. Whether it is appropriate to lift the corporate ve
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