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2021 MarsdenLR 285

HIGH COURT SABAH & SARAWAK KUCHING
VILLAGE GROVE CONDOMINIUM MANAGEMENT CORPORATION – Appellant
Versus
YUNCO ENTERPRISE SDN BHD – Respondent


Petitioner Advocates:Paul Tang,Rodney Voon ,Respondent Advocate: Anthony Ngeh

JUDGMENT

Alwi Abdul Wahab J:

Introduction

[1] The plaintiff is the Management Corporation of the Village Grove Condominium ("VGC") incorporated under the Strata Titles Ordinance 1992 with its address at Lot 8061, Block 16, Lorong F, Kuching Central Land District, 93360 Kuching, Sarawak.

[2] The defendant is a limited company registered and incorporated under the Companies Act 1965 and having its registered address at Lot 712, Block 7, Demak Laut Industrial Park, 93050 Kuching, Sarawak.

[3] The plaintiff had engaged the defendant as its contractor to carry out the renovation works on the VGC.

Background Facts

[4] On 19 December 2014, the defendant submitted the revised tender dated the same to the plaintiff for a 'Proposed Renovation Work for Village Grove Condominium' ("the works") in relation to Block A, Block B, Block C, Block D, Block E, Pump House 1, Pump House 2, Guard House, Squash House and Club House of the VCG for the contract sum of RM1,980,000.00 ("the contract sum").

[5] By a Letter of Acceptance dated 22 December 2014, the plaintiff had accepted the said revised tender from the defendant for the works based on the contract sum.

[6] On or about 25 May 2015, the parties entered i

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