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CASE(S) OF THE WEEK

CONTRACT: Building contract - Claim for work done - Claim for payment by sub-contractor against main contractor - Whether 'pay when paid' clause merely fixed time limit for payment - Whether `pay when paid' clause absolved main contractor's liability to pay sub-contractor

CONTRACT: Termination - Construction of clause - Claim for payment by sub-contractor against main contractor - 'Pay when paid' clause in sub-contract - Whether `pay when paid' clause merely fixed time limit for payment - Whether main contractor's liability under sub-contract conditional upon receipt of payment from employer

CONTRACT: Terms - Construction - Claim for payment by sub-contractor against main contractor - 'Pay-when-paid' clause - Whether `pay when paid' clause merely fixed time limit for payment - Whether 'pay when paid' clause absolved main contractor's liability to pay sub-contractor


GLOBE ENGINEERING SDN BHD v. BINA JATI SDN BHD
FEDERAL COURT, PUTRAJAYA
RAUS SHARIF PCA, RICHARD MALANJUM CJ (SABAH & SARAWAK), HASAN LAH FCJ, JEFFREY TAN FCJ, ABU SAMAH NORDIN FCJ
[RAYUAN SIVIL NO: 02-23-05-2013(W)]
2 JULY 2014




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