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HIGH COURT MALAYA KUALA LUMPUR
SERI MUKALI SDN BHD – Appellant
Versus
KERTIH PORT SDN BHD – Respondent
| Table of Content |
|---|
| 1. plaintiff claimed damages for contract termination. (Para 1) |
| 2. defendant denied liability and sought dismissal. (Para 2) |
| 3. contractual delays and issues of non-performance discussed. (Para 3 , 4 , 5 , 6 , 7) |
| 4. interpretation of contract clause and performance obligations. (Para 8 , 9) |
| 5. court's ruling on breach of contract and damages. (Para 10 , 11) |
1. In this case the Plaintiff had claimed against the Defendant for losses that it had allegedly suffered as a direct result of the Defendant's 'premature and unlawful termination' of the agreement between them. It had claimed special damages amounting to RM 34,992,329.66, general damages, specially for RM 10,000,000.00 as exemplary damages for the Defendant's flagrant attitude towards the directives of MTEN and other mala fide suits perpetrated against the Plaintiff. It had also asked for interest at 8% p.a on the RM 10,000,000.00 from 27.6.2001 until full settlement (see paragraph 37 of the Statement of Claim).
2. The Defendant had denied any liability and had urged that the claim was misconceived and that it ought to be dismissed with costs.
3. After all was said and done, the issue that
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