29 Dec 2021
Linde Malaysia Sdn Bhd Ewajaya Sdn Bhd
- Citation
- BA-22NCC-58-09/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-22NCC-58-09/2018 (Mahkamah Tinggi)
Plaintiff failed to discharge its burden because its primary evidence (SAP printouts) contained unexplained errors and anomalies and was not corroborated by source records or witnesses who keyed the data; many claims were time-barred or prejudicially delayed; where independent evidence corroborated loss/damage limited relief was awarded (replacement at adjusted rate and contractual repair/rental for returned damaged pallets), Plaintiff estopped from enforcing 2% monthly interest, and Defendant's counterclaims failed for lack of reliable corroboration.