25 Mar 2025
SURIA LABS DEVELOPMENT SDN BHD BAI YANG INFRASTRUCTURE GROUP LIMITED
- Citation
- WA-22NCC-126-03/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-126-03/2023 (Mahkamah Tinggi)
The Court found that the Plaintiff discharged its burden on the balance of probabilities by adducing contemporaneous documents and credible witness testimony that services were provided, the prototype was delivered and launched, the Service Agreement was extended at the Defendant’s request, and defects complained of were normal to software development and were attended to; the Defendant failed to call witnesses with personal knowledge to rebut these facts; the contract was not illegal or against public policy given express contractual warranties that the Defendant would not operate the site w…
- Enforceability of contract
- Illegality and public policy (sect.24 contracts act 1950)
- Breach of contract (non-payment)
- Evidential burden at trial
- Software defects and completion
- Interest and costs