23 Feb 2023
TERAJU PRECAST SERVICES SDN BHD Kerajaan Malaysia
- Citation
- JA-A51NCvC-30-03/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-A51NCvC-30-03/2022 (Mahkamah Sesyen)
Plaintiff failed to discharge the burden of proving on the balance of probabilities that the unpaid sums were due and payable by the Defendant because payments under the Deed of Assignment were limited to amounts certified by the main contractor and there was no documentary proof of certification/variation supporting the claimed quantum; termination of the main contract ended/limited Government liability and the retention sum was not contractually payable to the subcontractor. Claim dismissed.