Court orders Naza Wheels to pay damages over breach of contract
PUTRAJAYA : The Court of Appeal has ordered car distributor Naza Wheels Sdn Bhd to pay damages to a contractor after it terminated a deal to build a showroom and a service centre on grounds of frustration.
A three-member bench chaired by Justice Lim Chong Fong said Naza Wheels had breached its contract, and ordered for the damages to be assessed.
It awarded the appellant, GSIB Sdn Bhd, RM50,000 in costs.
Justices Azhahari Kamal Ramli and Ahmad Kamal Shahid also heard the appeal.
GSIB had in 2019 sued Naza Wheels in the Shah Alam High Court, where it sought damages of RM2.7 million.
According to the facts of the case, Naza Wheels appointed GSIB to build a car showroom and service centre in Kuantan, Pahang, about 10 years ago.
Both parties signed an agreement to complete the work by April 16, 2016.
GSIB had just started earth and substructure works, when the contract was terminated by Naza Wheels on grounds of frustration after it failed to obtain a waiver from local authorities to surrender a road leading to the showroom and the service centre.
GSIB contended it was not frustration but a termination of the contract, which resulted in losses, including loss of profit.
The High Court only partially allowed the company's claim and rejected the claim for loss of profit, which led GSIB to challenge the decision in the appellate court.
Lawyers Hairul Azam Hambali and Muhammad Al-Muazzim appeared for Naza Wheels, while lawyer R Kengadharan appeared for GSIB.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Free Malaysia Today
7 hours ago
- Free Malaysia Today
KDM to field ex-Sabah Treasury official in Sabah polls
Former Sabah Treasury official Rusdin Riman is reportedly the deputy chairman of Progressive Insurance Berhad, a general insurance firm in which the Sabah government is the majority shareholder. (Website pic) PETALING JAYA : A former top official at the Sabah Treasury will contest in the upcoming state election representing Parti Kesejahteraan Demokratik Masyarakat (KDM). KDM deputy president Wetrom Bahanda said former Sabah Treasury permanent secretary Rusdin Riman will be fielded by the party in the Paginatan seat, the Borneo Post reported. 'Although (Rusdin) could not be with us today, his supporters are present and he has contacted me personally. 'Rusdin will be joining our fight for Paginatan,' Wetrom was quoted as saying. Rusdin is reportedly the deputy chairman of Progressive Insurance Berhad, a general insurance firm in which the Sabah government is the majority shareholder. The Paginatan seat is currently held by Parti Solidariti Tanah Airku (STAR) vice-president Abidin Madingkir, who is also an aide to chief minister Hajiji Noor. Abidin won the seat with a majority of 1,323 votes in a nine-cornered contest in the 2020 state polls. At the time, STAR had gone up against Umno, Parti Bersatu Sabah (PBS), Upko, Parti Cinta Sabah (PCS), Liberal Democratic Party (LDP), United Sabah National Organisation (Usno) and Parti Gagasan Rakyat Sabah. STAR and PBS have signed a pact for the upcoming state polls to avoid seat clashes, while the two parties are also part of the Gabungan Rakyat Sabah coalition along with Gagasan Rakyat, LDP, Usno and PCS.
Free Malaysia Today
7 hours ago
- Free Malaysia Today
‘RM5 a meal' eatery among 7 Rafizi plans for social change
Former economy minister Rafizi Ramli said he and his team have already found the necessary partners and assets for the social enterprises to start. (Facebook pic) KUALA LUMPUR : Former PKR deputy president Rafizi Ramli has launched seven social enterprises under his 'Ayuh Malaysia' platform, including an eatery in Pandan Indah selling food at under RM5 a meal. The Pandan MP said the seven enterprises will commence operations in September, adding that he and his team have already found the necessary partners and assets for the initiatives to start. Besides the 'Kesum' eatery selling breakfast, lunch and dinner for under RM5, there will also be a sundry shop named 'FlexiMart' using the 'refill' concept. This concept involves the sale of goods without single-use packaging, with customers buying what they need by 'refilling' their own containers instead. 'We will also try to offer the installation of solar panels on roofs for low-income families, through the 'Suria' social enterprise in Petaling Jaya,' he said at the launch. Rafizi will also introduce a 'SagaSivik' civic education programme in Setiawangsa and a training initiative dubbed 'CLIB' in Ampang to prepare youths and undergraduates for the job market. Another initiative is called 'PinjamGajet'. It is based in Selayang and offers youths training on repairing laptops and smartphones, while the gadgets are then rented out to low-income households for as low as RM10 a year. The former economy minister will also introduce the 'TanamDuit' social enterprise in Rembau, Negeri Sembilan, which seeks to encourage modern agriculture on abandoned land. Rafizi previously said these social enterprises were another way of bringing change to society and local communities, outside of politics. He said 'Ayuh Malaysia' would operate differently from profit-oriented businesses and donation-reliant NGOs by empowering local communities to conduct economic activities that are both effective and self-sustaining.
Malay Mail
8 hours ago
- Malay Mail
Anwar and Prabowo to hold first annual talks as leaders in Indonesia tomorrow, delegation to focus on trade, security, regional ties
JAKARTA, July 27 — Prime Minister Datuk Seri Anwar Ibrahim will embark on a two-day working visit to Indonesia starting Monday to attend the 13th Annual Consultation with President Prabowo Subianto — the first such meeting between the two leaders. Anwar will be accompanied by Sarawak Premier Tan Sri Abang Johari Abang Openg; Sabah Chief Minister Datuk Seri Hajiji Noor; Foreign Minister Datuk Seri Mohamad Hasan; Home Affairs Minister Datuk Seri Saifuddin Nasution Ismail; Investment, Trade and Industry Minister Tengku Datuk Seri Zafrul Abdul Aziz; Education Minister Fadhlina Sidek. 'This Annual Consultation represents the highest-level bilateral mechanism between Malaysia and Indonesia, aimed at reinforcing strategic and comprehensive cooperation,' Malaysian Ambassador to Indonesia Datuk Syed Mohamad Hasrin Tengku Hussin said during a media briefing here on Sunday. He said the Annual Consultation, convened alternately between the two countries since 2006, reflects the strong political commitment of both nations to enhance collaboration across a wide range of sectors, including trade and investment, defence and security, connectivity, food security and education. 'The leaders are expected to exchange views on regional and global issues of mutual interest,' he said, adding that a Joint Statement will be issued at the conclusion of the consultation. The previous consultation was held in 2017, making this a timely opportunity for both leaders to reaffirm their strategic partnership and explore new areas of cooperation in response to current regional and global challenges. Syed Mohamad Hasrin said the leaders will also witness the exchange of four Memoranda of Understanding (MoUs) in the areas of land border, health cooperation and information and communications technology. During the visit, he said the Prime Minister is also scheduled to visit the ASEAN Secretariat in Jakarta, at the invitation of the ASEAN Secretary-General, Dr Kao Kim Hourn. Anwar will also deliver a Policy Speech on ASEAN in the context of Malaysia's ASEAN Chairmanship in 2025, underscoring Malaysia's ongoing commitment to regional integration and community-building. In 2024, Indonesia ranked as Malaysia's sixth-largest global trading partner and the second largest within ASEAN. Bilateral trade increased by 4.5 per cent from RM111.21 billion (US$24.39 billion) in 2023 to RM116.29 billion (US$25.5 billion) in 2024. — Bernama
