29 Nov 2023
TAN LIAN HOR HONHUB SDN BHD
- Citation
- BA-22NCvC-289-07/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-289-07/2019 (Mahkamah Tinggi)
Plaintiff's claim is not time-barred, but on the merits plaintiff failed to discharge the burden of proof: the CCC and supporting construction records provided unrebutted prima facie evidence of proper construction and safety; plaintiff's photographic evidence was unreliable/tampered and unverified; plaintiff's expert reports were based solely on visual inspection without scientific testing and failed to meet Order 40A/section 45 requirements; defendant failed to prove demolition caused the damage. Therefore claim and counterclaim are dismissed and costs awarded to defendant.
- Breach of contract
- Breach of duty of care (negligence)
- Limitation period
- Expert evidence admissibility
- Certificate of completion and compliance (ccc) as prima facie proof
- Rescission