15 Jun 2023
CEMPAKA JOHAN SDN BHD MERCHANT SYNERGY SDN BHD
- Citation
- BA-22NCvC-229-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCvC-229-07/2020 (Mahkamah Tinggi)
The court accepted the Progress Claim & Payment Statements signed and "Verified & Confirmed" by the Defendant's director as binding admissions amounting to an account stated for RM9,210,013.04 (including GST) under s18 Evidence Act; contemporaneous CPCs, CMGDs and CCCs established completion and refuted Defendant's defect set-off; Defendant failed to prove counterclaim/LAD (documents unreliable, post-litigation or unsubstantiated) and had waived or was precluded from imposing LAD; accordingly judgment for Plaintiff for the stated sum and dismissal of Defendant's counterclaim.