Justice Anand Ponnudurai rules that Putrajaya’s claim for a full refund of an RM250 million would be tantamount to unjust enrichment.
The High Court allowed the government for RM33.7 million and allowed it to recover an additional RM86.9 million which had been seized and held in escrow.
Anand also ruled that Putrajaya was entitled to recover an additional RM86.9 million seized from the defendants and currently held by the Accountant-General in escrow. “The plaintiff’s claim for a refund of the entire RM250 million would be tantamount to unjust enrichment,” he said in his judgment. Anand instead found that it was the government which had breached the loan agreement by unlawfully terminated it. However, the judge only awarded nominal damages of RM10,000 to the defendants.
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