ESSTAR VISION SDN BHD v KUPPS & SACHS (M) SDN BHD

wa-22c-103-10-2020 High Court (Mahkamah Tinggi) 13 June 2024 • WA-22C-103-10/2020 • 70 min read

2 cases cited (0 SG, 2 foreign)

Catchwords

Whether the Defendant had breached the terms of the Contract by failing to complete the work within the contractual date of completion? - Whether the Defendant had made numerous engineering mistakes and/or errors while executing its scope of works? - Whether the Plaintiff had prevented the Defendant from completing the work within the contractual date of completion by virtue of the numerous revisions, additions and/or changes instructed by the Plaintiff? - Whether the extension of time ("EOT") provision in the Contract applies to the revisions, additions and/or changes instructed by the Plaintiff? -Whether the revisions, additions and/or changes instructed by the Plaintiff constituted an act of prevention which would render time at large?

Judges (1)

Aliza binti Sulaiman Delivered

Counsel (7)

Azmi Fadzly Maha & Sim Firm Christine Toh & Co Firm Christine Toh Hung Mei Counsel Plaintiff Deepak Mahadevan Counsel Defendant Faeza Suraya Roselan Counsel Defendant Jas Lim Fang Ni Counsel Defendant Ryan Cheong Kah Zhi Counsel Plaintiff

Parties (2)

ESSTAR VISION Sdn Bhd Plaintiff KUPPS & SACHS Sdn Bhd Defendant

Cases Cited (2)

MY (2)

[2010] 1 CLJ 268 [2016] 1 CLJ 177

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (wa-22c-103-10-2020)