30 Oct 2025
REGAL ELITE LETRIK SDN BHD COUNTRY GARDEN DANGA BAY SDN BHD PIHAK KETIGA 1. ) ISKANDAR WATERFRONT SDN BHD 2. ) PEMBINAAN KS TEBRAU SDN BHD 3. ) LEADER HARVEST CONSTRUCTION SDN BHD
- Citation
- JA-22NCvC-64-05/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-22NCvC-64-05/2021 (Mahkamah Tinggi)
On the balance of probabilities the plaintiff deviated from the tripartite-approved route (20 March 2015 drawing), the deviation was a latent defect that positioned the cable within the drainage corridor and was an effective underlying cause of mechanical damage by third-party piling; under the Letter of Award Clauses 17.3, 17.4 and 20.2 the plaintiff remained contractually obliged during the DLP to rectify such defects at its own cost, so Section 71 quantum meruit claim fails, the plaintiff's quantification is unproven and the defendant's contractual retention/set-off was lawful; claim dismi…