3 Feb 2021
YIN RENOVATION SDN BHD BELLABAY SDN BHD
- Citation
- B52NCC-61-03-2018 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- B52NCC-61-03-2018 (Mahkamah Sesyen)
The court found on balance that the defendant delayed delivery without sufficient proof of excusing events and supplied carpets with palpable defects that could not be remedied in the time and manner offered; the plaintiff had not confirmed phase 4 and had validly terminated after notices; accordingly termination was lawful and plaintiff entitled to refund of deposit for phase 4 and replacement costs for defective phase 3 carpets totalling RM80,910.68 plus 5% p.a. interest from date of filing and costs; the defendant's counterclaim failed.