29 Jan 2021
EONTAT SDN. BHD. (Co. No.: 620797-M) BUDGET KITCHEN SDN. BHD. (Co. No.: 736501-A)
- Citation
- BA-12BC-4-02/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BC-4-02/2020 (Mahkamah Tinggi)
ID20 was hearsay and inadmissible; the trial judge correctly accepted qualified expert evidence that the defendant's piling works were inadequate; applying the established two-tests for implied terms the court implied a term that piling works must enable the warehouse to be fit for occupation and use, the defendant breached that implied term, lack of planning permission under the TCPA does not render the contract void under s24 Contracts Act 1950, and there was no basis to disturb the Sessions Court's award; appeal dismissed with costs.