MANIAM A/L SINASAMI ALIES JUSPINA BINTI AHMAD KAMAL

MANIAM A/L SINASAMI ALIES JUSPINA BINTI AHMAD KAMAL

On the balance of probabilities the court accepted evidence (including photographs and experienced witness SD2) that works had progressed to the stage warranting the second payment; the MPB stop notice existed and responsibility for obtaining approval rested with the Plaintiff, therefore Plaintiff failed to prove...

Source-derived case information.

Citation
CB-A72NCvC-21-06/2023 (Mahkamah Majistret)
Parties
Plaintiff: MANIAM A/L SINASAMI; Defendant: ALIES JUSPINA BINTI AHMAD KAMAL
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
25 November 2024
Case Number
CB-A72NCvC-21-06/2023 (Mahkamah Majistret)
Procedural Posture
Civil (building Contract) / Judgment on Merits
Outcome
Plaintiff's claim dismissed in its entirety
Legal Topics
Breach of Contract, Payment Schedule, Building Permits, Damages, Costs
Contract Law Construction Law Administrative Law Breach of Contract Payment Schedule Building Permits Damages Costs

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Parties

MANIAM A/L SINASAMI

Plaintiff

ALIES JUSPINA BINTI AHMAD KAMAL

Defendant

Procedural Posture

Civil (building Contract) / Judgment on Merits

  1. 1 entitlement to refund of RM30,000 first payment
  2. 2 entitlement to refund of RM42,000 second payment
  3. 3 entitlement to monthly rental loss RM600

Ratio Decidendi

On the balance of probabilities the court accepted evidence (including photographs and experienced witness SD2) that works had progressed to the stage warranting the second payment; the MPB stop notice existed and responsibility for obtaining approval rested with the Plaintiff, therefore Plaintiff failed to prove breach by Defendant and Plaintiff's claims were dismissed.

Court Disposition

Plaintiff's claim dismissed in its entirety

Orders

  • Claim dismissed
  • Defendant entitled to retain payments made (total RM72,000) under the contract schedule