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HIGH COURT MALAYA KUALA LUMPUR
LAFARGE CONCRETE (MALAYSIA) SDN BHD – Appellant
Versus
HASRAT USAHA SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. disputes over liability for concrete payments. (Para 1 , 2 , 3) |
| 2. rights to cross-examine and procedural implications. (Para 4 , 5 , 6 , 7 , 8) |
| 3. plaintiff's entitlement to payment and evidence. (Para 9 , 10 , 11 , 12 , 13) |
| 4. defendants' obligations and clarity of agreements. (Para 14 , 15 , 16 , 17) |
| 5. evaluation of claims and evidence. (Para 18 , 19) |
| 6. understanding the terms of the agreement. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26) |
Background Facts
1. The 1st Defendant was the main contractor in a project known as the "Proposed construction and completion of Light Rail Transit (LRT) Infrastructure Works and Boulevard Packages at Precinct 3 & 4 for the Putrajaya Core Island Development Packages LRT-BLVD 103 & 104" [the project]. The 2nd Defendant was its subcontractor. By letter dated 2 April 2002, the Plaintiff agreed to supply ready-mixed concrete to the 1st Defendant on the terms and conditions as set out in the letter [the said agreement]. The Plaintiff duly supplied the concrete to the project site. All the delivery orders, invoices and statements of accounts issued by the Plaintiff bore the stamp and signatures of the 2nd Defendant. All
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