22 Oct 2024
HARAPAN PADU ENTERPRISE PILACORP RESOURCES SDN BHD
- Citation
- AB-12BNCvC-10-09/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- AB-12BNCvC-10-09/2023 (Mahkamah Tinggi)
The Deed of Assignment expressly obligated the Defendant (assignor) to ensure payment to the Plaintiff (assignee) for subcontract works and to pay any deficiency where final payment under the main contract was insufficient (clauses 7.2 and 9); JKR's certification of works and Defendant's admissions and conduct established liability and quantum on a balance of probabilities; the trial judge's factual findings were not plainly wrong, so the High Court dismissed the appeal and upheld the trial judgment with costs.