10 May 2022
HEXA 6 DESIGN SDN. BHD. LOW KOK WAI
- Citation
- JA-A72NCvC-897-11/2020 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- JA-A72NCvC-897-11/2020 (Mahkamah Majistret)
On the balance of probabilities the court found plaintiff proved that variations were authorized by defendant via WhatsApp and that progressive payments (including RM35,000 on 20.01.2020) were made toward those variations; defendant failed to produce contemporaneous documentary evidence to substantiate alleged serious defects or losses and failed to take reasonable steps to preserve or prove defects; computer-produced exhibits were admissible (s90A certificate and oral evidence); delays did not amount to repudiation. Result: plaintiff's claim allowed for outstanding balance and defendant's co…