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HIGH COURT MALAYA GEORGETOWN
BERGAMO DEVELOPMENT (M) SDN BHD – Appellant
Versus
ECK DEVELOPMENT SDN BHD & ANOR – Respondent
| Table of Content |
|---|
| 1. the contractor's claims for unpaid amounts from the project. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. assessment of the completion timeline due to external influences. (Para 41 , 48 , 49) |
| 3. the court's findings on economic duress and contract validity. (Para 42 , 77 , 87 , 92 , 94) |
| 4. conclusion and final judgment awarded to the plaintiff. (Para 144) |
Introduction
[1] This is a suit by the rescue contractor suing the developer and its affiliated original contractor for final payment in respect of a housing development project.
[2] The plaintiff is a private limited company incorporated under the Companies Act 1965.
[3] The 1st defendant is a private limited company incorporated under the Companies Act 1965 involved in the property development business and the developer of the Taman Desa Ku Phase 1 project ("Project") in Kulim, Kedah Darul Aman.
[4] The 2nd defendant is a private limited company incorporated under the Companies Act 1965 involved in the construction business. It is affiliated to the 1st defendant and they share the same business address.
Preliminary
[5] This Suit was filed on 22 December 2016 and the plaintiff claimed against both the 1st defendant a
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