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2025 MarsdenLR 2827

HIGH COURT MALAYA KUALA LUMPUR
DCN DIVING PACIFIC PTE LTD – Appellant
Versus
AHMAD FAIZAL OTHMAN & ORS – Respondent


Petitioner Advocates:Mahathir Abdullah ,Respondent Advocate: T Sudhar,Nadeem Rafiq,Balasubramaniam Ravi Sankar

Akhtar Tahir J:

Introduction

[1] The plaintiff's claim against the defendants is for conspiracy in inducing a company called Del Sol Offshore Sdn Bhd ("Del Sol") to breach its contract of payment to the plaintiff.

[2] The case proceeded to a full trial where both sides relied on the agreed statement of facts, issues to be tried, Bundle of Documents and oral evidence of witnesses.

Brief Facts

[3] The undisputed fact is that the plaintiff was awarded a subcontract by Del Sol which was the main contractor of a Petronas project in 2018. The subcontract was for supply of diving equipment as well as manpower for a part of the project.

[4] The plaintiff completed its scope of work on around 3rd of May 2019 and the plaintiff invoiced Del Sol for the payment of the same which amounted, after giving a credit note, to USD 1,908,232.64.

[5] Part of the payment was paid leaving a balance of USD 1,399.758. unpaid by Del Sol. Del Sol was ultimately wound up on 17 August 2021. However, the plaintiff alleges that before being wound up, Del Sol was paid by Petronas which included the sum owed to the plaintiff.

[6] The plaintiff further alleges that instead of making payment to the plaintiff, the defendants

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