25 Oct 2024
BLAINE ROBERT DESIGN SDN. BHD. MOHD ZAKRI BIN MOHAMAD NOR
- Citation
- WA-A52C-15-03/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- WA-A52C-15-03/2023 (Mahkamah Sesyen)
Court held that the parties formed a valid contract by conduct and extensive documentary and payment evidence despite the defendant not signing; plaintiff performed and handed over works and validly invoiced RM92,900 and RM28,492 which the defendant failed to pay; defendant's counterclaims for post‑defect‑liability remedial costs were outside the contractual scope, unsupported by credible documentary evidence, and therefore failed; silence and failure to call material witnesses permitted adverse inferences and estoppel against the defendant.