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LOW HOP BING, ZAINUN ALI, ABDUL MALIK ISHAK
ASIAPOOLS (M) SDN BHD – Appellant
Versus
IJM CONSTRUCTION SDN BHD – Respondent
| Table of Content |
|---|
| 1. undisputed facts regarding contractual relationships and claims. (Para 1 , 2 , 3 , 4 , 5 , 31 , 32 , 33 , 35 , 36 , 37 , 38) |
| 2. arguments regarding the interpretation of payment clauses. (Para 6 , 7 , 11 , 12) |
| 3. court observations on contractual payment interpretations. (Para 8 , 14 , 16 , 19 , 20 , 21 , 34 , 40 , 42) |
| 4. key ruling on 'pay-when-paid' clause implications. (Para 10 , 25 , 52) |
| 5. final conclusion affirming lower court's judgment. (Para 26 , 27 , 53) |
Low Hop Bing JCA:
Appeal
[1] Parties are referred to in their capacities in the Sessions Court.
[2] The Kuala Lumpur Sessions Court had allowed the plaintiff's claim with costs against the defendant.
[3] The defendant's appeal to the High Court was allowed with costs. The High Court made a further order that the judgment sum of RM271,458.29, paid by the defendant to the plaintiff, be returned to the defendant, together with interest at 8% p.a.
[4] The plaintiff has now appealed to this court.
Finding Of Facts
[5] The facts at the trial are not in dispute. The plaintiff was the nominated sub-contractor to build, inter alia, a swimming pool for a 161-unit condominium in Seremban. The defendant had ear
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