Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Variation orders (vo)

Legal area

Court

18 May 2023

ONN CONSTRUCTION WORKS KOPERASI PENEROKA - PENEROKA FELDA TENGGAROH ENAM BERHAD

Citation

JB-12BNCvC-8-07/2022 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12BNCvC-8-07/2022 (Mahkamah Tinggi)

Appeal dismissed because the appeal record was non-compliant (missing mandatory notes of evidence) and the plaintiff lacked legal capacity to sue in the firm name; on the merits the trial judge's findings on credibility, insufficiency of documentary proof for claimed 48% progress and proper exclusion of uncertified photographs were reasonable and not plainly wrong; lower court decision dated 13.6.2022 is upheld and costs awarded to respondent.
1 Jan 1900

IHS UTARA MALAYSIA SDN BHD KERAJAAN MALAYSIA (JABATAN KERJA RAYA MALAYSIA)

Citation

PA-21NCVC-19-11/2017 (Mahkamah Tinggi)
Court

High Court
Case number

PA-21NCVC-19-11/2017 (Mahkamah Tinggi)

Court found Plaintiff failed to discharge the burden to prove entitlement to additional EOTs; CNCs were issued in conformity with contract requirements and did not render time at large; LAD was validly computed and not challenged; IBS price adjustment had been settled in final account and PHK No.3 supervision fees unsupported by required written VO and vouchers — accordingly all claims failed on balance of probabilities.