HIGH COURT MALAYA KUALA LUMPUR
MRCB BUILDERS SDN BHD – Appellant
Versus
SMM RESOURCES SDN BHD & ORS – Respondent
Preliminary
[1] This dispute involves construction work that is allegedly tainted with fraud and conspiracy.
[2] A subcontractor has been accused not only of committing fraud against the main contractor but also of conspiring through its directors with the main contractor's key persons on the site of the project for financial gain at the expense of the main contractor.
[3] At first glance, everything appeared to be in order at the project site.
[4] There was, however, only one thing missing: the Letter of Award, which was not in place because the proper procedures for appointing the subcontractor were allegedly not followed.
[5] However, it is interesting to note that the subcontractor was already on site, working right under the main contractor's nose.
[6] In light of this, does this scenario constitute fraud or conspiracy?
[7] Soon, this will be unravelled.
An Overview Of The Background Surrounding The Case
[8] The plaintiff is a company that offers engineering and construction services throughout Malaysia and is involved in numerous construction projects.
[9] The 1st defendant is a general construction and investment holding company that provides unskilled an
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