20 Oct 2020
THYSSNKRUPP ELEVATOR MALAYSIA SDN BHD ASAL BINA SDN BHD
- Citation
- BA-12BNCVC-83-11/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCVC-83-11/2019 (Mahkamah Tinggi)
High Court affirmed Sessions Court: defendant liable for LAD because defendant failed to prove water ingress and did not satisfy strict statutory requirements for admission of Part C documents under Evidence Act ss32/73A; no practical completion (no CPC and conditional handover) so balance contract sum claim fails; variation orders unauthorized by main contractor and unsupported by evidence; plaintiff’s third party contractor costs unproven; plaintiff’s purported cross-appeal was procedurally incompetent but merits also failed.