18 Jan 2021
MOHD AZAM BIN CHE SEMAN MBC BERKAT ENTERPRISE
- Citation
- DA-11B-3-03/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- DA-11B-3-03/2020 (Mahkamah Tinggi)
High Court held the Magistrate erred in relying on the registered valuer (SP3) for certification of progress when the PJB and LPPSA regime required JPPH certification; therefore the 70% progress finding lacked the required evidentiary basis and the Magistrate's award of RM55,000 could not be sustained. The court also found that while an implied term permitting appointment of a new contractor could be inferred by business efficacy where abandonment occurred, the defendant's counterclaim failed for lack of documentary proof; accordingly the Magistrate's dismissal of the counterclaim was upheld.