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COURT OF APPEAL PUTRAJAYA
SINNAIYAH & SONS SDN BHD – Appellant
Versus
DAMAI SETIA SDN BHD – Respondent
| Table of Content |
|---|
| 1. establishment of contract and project management (Para 1 , 2 , 3 , 4 , 5) |
| 2. claims and defenses presented by parties (Para 6 , 7 , 8) |
| 3. court's examination of claims and evidence (Para 9 , 11 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 4. outcome of the high court's decision on claims. (Para 10) |
| 5. respondent's counterclaim and its basis (Para 23 , 24 , 25 , 26) |
| 6. principle on appellate interference with factual findings (Para 27 , 28 , 29) |
Brief Facts
[1] In early 2005 the respondent in Rayuan Sivil No: A-02(NCVC)(W)-1174- 05-2012 (Rayuan 1174) was awarded a contract to carry out a road construction project in Tanjung Rambutan Perak (the project). The contract period was from 1 February 2005 to 15 August 2005. However, the project was completed by the respondent on 15 October 2005 when it was handed over to Jabatan Kerja Raya (JKR).
[2] On 1 February 2005 the respondent appointed M/s VN Sunrise Sdn Bhd (Sunrise) as the sub-contractor for the project.
[3] At the same time the respondent appointed the appellant as the Project Manager for the project. The scope of work of the appellant was to manage the accounts for the project and to make paymen
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