28 Jun 2021
AVIOSUPPORT CORPORATION (M) SDN BHD (CO. NO.: 560561-K) 1. ) MINISTRY OF EDUCATION, MALAYSIA 2. ) GOVERNMENT OF MALAYSIA
- Citation
- WA-12BNCvC-104-09/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-104-09/2019 (Mahkamah Tinggi)
Trial evidence including oral testimony of SD2 and SD3 established breaches by the appellant (failure to clock, non-attendance, uniform failures); the contract expressly permitted 20% deductions under clauses 12.1(e) and 12.2 and such deductions fall within s75 Contracts Act 1950 as explained in Cubic Electronics; the appellant failed to prove the deductions were unreasonable; documents marked ID were sufficiently authenticated by witnesses and admissible under s73A and appellate powers to treat them as exhibits; therefore the deductions were lawful and the appeal is dismissed.