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1980 MarsdenLR 229

LEE HUN HOE, BORNEO, CHANG MIN TAT, SYED OTHMAN
FABER MERLIN MALAYSIA BHD – Appellant
Versus
BAN GUAN SDN BHD – Respondent


Advocates:
Wong Weng Kwaifor the appellant.
K Thayalan for the respondent.
Solicitors: Mah-Kok & Din; Skrine & Co.

Chang Min Tat FJ

(delivering the judgment of the Court): This appeal is from the decision of the learned judge, confirmed after argument in open court, to order inspection of documents stated to be

(a) bills and invoices and contracts made between the defendant and all its nominated sub-contractors in relation to the extension of the Tower Block of Hotel Merlin;

(b) records of wages of defendant's workmen and all bills and invoices for the purchase of materials directly by the defendant in relation to the extension of the Tower Block of Hotel Merlin;

on an application by the respondent.

The respondent was the contractor but apparently not the only contractor for the appellant in the erection of the Tower Block Extension to Hotel Merlin Kuala Lumpur. Strangely for a matter that ran into millions of dollars, no formal building agreement was entered into. The parties were said to be bound by a schedule of rates, payment to be made on measurements taken after completion. The contractor's claim for such measured work on the Tower Block was for $2,106,705.69 but settled for $2,075,000. The contractor however claimed also for $175,550 for preliminaries and $422,336.12 for profit and att

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