23 Feb 2022
KEMBANG SERANTAU SDN BHD Perbadanan Putrajaya
- Citation
- WA-22NCvC-640-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCvC-640-09/2019 (Mahkamah Tinggi)
On balance of probabilities the Defendant discharged its evidential burden by contemporaneous documents and credible witness evidence showing only 82,573 trees were accepted and 13,390 were not replanted; the CMGD is prima facie but not conclusive and final entitlement is fixed by the final account/certificate process; Variation Order No.15 operated effectively to deduct sums for unperformed work and the Plaintiff failed to prove it replanted the rejected trees, therefore only RM 58,417.57 is payable and the Plaintiff's claim for RM 3,136,293.25 fails.