24 Jun 2024
TRI PACIFIC ENGINEERING SDN BHD KL ECO CITY SDN BHD
- Citation
- WA-24C-15-01/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24C-15-01/2024 (Mahkamah Tinggi)
On the balance of probabilities the court found that at the time the valid s30 request was received by the defendant the only sum due or payable to the main contractor in respect of the plaintiff was the retention sum of RM998,653.66 which the defendant paid; subsequent Settlement Agreement and Final Certificate demonstrated the net payable position was RM87,916.92; therefore the defendant was not liable to pay the plaintiff the claimed balance of RM192,970.76 and the plaintiff's application was dismissed.