DETIK TIMUR SDN BHD v MEGA WANGSA SDN BHD
Catchwords
In this action, the plaintiff is claiming back the sum of RM500,000.00 being the partial deposit paid by the plaintiff pursuant to a Memorandum of Agreement dated 12 June 2020 (“Memorandum of Agreement”) wherein the plaintiff was appointed as a mining operator by the defendant being the main contractor for the said mining works, which include excavating, extracting, removing, transporting and selling extracted sand at the river mouth in Tanjung Agas, Pekan, Pahang. Meanwhile, the defendant also counterclaims not only the balance of half of the deposit that the plaintiff should have paid to the defendant but also a declaration that the RM500,000.00 deposit paid by the defendant should be forfeited. The court finds that both parties had breached the memorandum of agreement. Thus, the fairest and best option is for the parties to return to their original status quo prior to the creation of the memorandum of agreement. With these findings, the plaintiff is limited to a claim for the return of the deposit paid, while the defendant's counterclaim is dismissed.
Practice Areas
Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-755-11-2021)