17 Mar 2022
FEDERAL FURNITURE INDUSTRIES SDN BHD IREKA ENGINEERING & CONSTRUCTION SDN BHD
- Citation
- WA-12AC-27-07/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12AC-27-07/2021 (Mahkamah Tinggi)
On appeal the High Court found the Sessions Court was plainly wrong: Plaintiff discharged its burden that post-DLP no outstanding defects within its scope had been shown by Defendant; Architect’s 27.11.2017 cover letter lacked an attached Schedule of Defects and Defendant produced no contemporaneous evidence of post-DLP defects or that it had pursued the CMGD; Plaintiff’s EoT application was not properly assessed and the CNC was issued prematurely rendering time at large; therefore retention sum RM215,367.58 must be released and Defendant’s counterclaim for liquidated damages is dismissed.