6 Nov 2024
MINETECH ASPHALT MAN INTERNATIONAL SDN BHD PEMBINAAN MUTHIAH & SONS (M) SDN BHD
- Citation
- BA-11BNCvC-32-10/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-11BNCvC-32-10/2023 (Mahkamah Tinggi)
The High Court held the trial judge's factual finding that the defects work was completed in August 2015 was supported by documentary evidence (P13,P14) and credible witness testimony (PW2); the defendant's failure to object to that evidence cured the pleading omission, the onus of proof shifted and was not discharged by the defendant, and the cause of action accrued on completion in August 2015 so the claim brought on 13-7-2021 was not time-barred.