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COURT OF APPEAL PUTRAJAYA
HLE ENGINEERING SDN BHD – Appellant
Versus
HTE LETRIK BUMI JV SDN BHD – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim for payment based on contract work. (Para 1 , 2 , 3) |
| 2. defendant seeks to strike out the action due to plaintiff's incapacity. (Para 4 , 5 , 6) |
| 3. legal principle concerning capacity of wound-up companies. (Para 8 , 9 , 10 , 11 , 12) |
| 4. court affirms necessity of sanction for legal actions. (Para 14 , 15 , 17 , 19) |
| 5. court dismisses the appeal and affirms lower court's ruling. (Para 18) |
Brief Facts Of The Case
[1] By virtue of letters dated 6 September 2000, and 14 November 2000, the plaintiff had been appointed as a sub-contractor to supply electrical equipment and for electrical works valued at RM16,700,000 for the defendant's project known as Tanjung Malim Polytechnic Complex ("the contract work").
[2] The plaintiff's claim as per the Statement of Claim dated and filed on 2 March 2007 is for a sum of RM3,580,842.49, being the amount due and payable by the defendant, for the work done by the plaintiff based on a Variation Order in relation to the contract work.
[3] It is an undisputed fact that the plaintiff was wound up pursuant to a court order on 6 July 2009 and no sanction has been obtained by the plaintif
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