3 Apr 2026
SIN YAP EXCAVATING & BUILDING WORKS 1. ) TAN KIM TIONG 2. ) TAN CHERK YIK
- Citation
- JA-12BNCC-12-08/2025 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12BNCC-12-08/2025 (Mahkamah Tinggi)
The High Court upheld the Sessions Court on Pasir Raja because the agreement was validly executed in counterpart and exchanged by email (primary evidence), the trial judge permissibly admitted the agreement under s.73A discretion, and the site manager's direct, audiovisual-assessed evidence that Plaintif performed and completed the works was credible such that the finding of completion was not plainly wrong; the Ayer Hitam claim failed because the alleged oral contract and quantum meruit were not pleaded and therefore could not be adjudicated. Costs for the appeals were fixed at RM8,000 each…