TRINITY ADVANCE SDN BHD v INDAH WATER KONSORTIUM SDN BHD BUKAN PIHAK-PIHAK 1. ) RAJATHI A/P PERUMAL 2. ) ARVIND A/L MANIAM 3. ) MANIAM A/L SUBRAMANIAM 4. ) GUNASEKAR A/L VEERAPPAN
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This Court hereby dismisses the Plaintiff’s suit in its entirety. This Court finds that the Defendant has successfully proven that the Plaintiff committed multiple material breaches of the agreement. That justified the Defendant’s issuance of termination on 28.3.2023 under Clause 10.2(a) of the agreement which this Court further finds that the termination of the agreement was lawful and valid in law. Regarding the Plaintiff’s claim for the RM5,000,000.00 in damages, the RM2,000,000.00 in aggravated damages, and the RM2,000,000.00 in exemplary damages, this Court finds that the Plaintiff has failed to discharge its burden of proof. The Plaintiff’s representative PW2 conceded during cross-examination that there was nothing in black or white or any documentary evidence before this Court to substantiate these exorbitant sums or to prove any loss of reputation. In the absence of proof or actual loss, the Plaintiff is not entitled to the reliefs sought. Conversely, this Court accepts the evidence adduced by the Defendant regarding the calculation of the RM806,925.00 sum. This amount was accurately derived from the contractual penalty provisions in Appendix D, item (d)(iii) which allowed for a penalty of five times the LoD rate (RM35.00) for wrongly prepared reports. The calculation - multiplying 23,055 defective accounts by the RM35.00 rate was clearly guided by the contract and represents the cost the Plaintiff would have been liable for had the agreement remained in force to rectify proven breaches. In conclusion, the Plaintiff’s suit is dismissed with costs. This Court finds that the Defendant acted within its contractual rights to protect its interests and integrity following the Plaintiff’s fundamental failure to perform its core obligations. The Plaintiff is ordered to pay the Defendant the sum of RM806,925.00 being the sum of the contractual penalty applied to the 23,055 accounts for which the Plaintiff failed to provide contractually compliant proof of service. Interest of 5% per annum on the judgment sum to be calculated from the date of this judgment until full and final settlement. Costs of this legal action is awarded to Defendant in the sum of RM75,000.00 subject to allocator. keywords: breach of contract, damages
Judges (1)
Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-690-12-2023)